Progressive

Agnos and other progressives rally for Olague

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A string of prominent local progressive leaders today offered their support to Sup. Christina Olague – including former Mayor Art Agnos, who announced his endorsement of her in the District 5 supervisorial race – in a rally on the steps of City Hall.

In the process, many voiced a need to broaden and redefine progressivism as valuing independence and diversity of perspective more than just stands on specific issues, traits they said Olague embodies. But more than anything, the rally seemed aimed to consolidating progressive support around Olague as the best hope to beat moderate London Breed in one of the city’s most progressive districts.

“District 5 is often referred to as the most progressive of San Francisco’s supervisorial districts. It includes a diversity of views and opinions on how to meet the challenges all our communities face,” Agnos said. “And it takes a supervisor who know how to listen, to hear and respect those differing views, while working for a resolution that moves us forward.”

Sup. David Campos made only a veiled, indirect reference to the problems some progressives (himself among them) have had with some of Olague’s stands since she was appointed to the job by Mayor Ed Lee, but he said, “Those of us who have worked with her know what’s in her heart…She has been the independent person we always knew she would be and I’m proud to stand with her today.”

Several speakers made reference to Olague’s working class roots, her perspective as a Latina and member of the LGBT community, and her history of progressive activism in San Francisco. Cleve Jones, Gabriel Haaland, Sandra Fewer, and Sup. Eric Mar were among those there to offer support.

“It was a big give by the Mayor’s Office to appoint someone who wasn’t always going to agree with him,” said Sup. Jane Kim, but that was about the only positive reference to the Mayor’s Office, which turned on Olague after she voted to reinstate Sheriff Ross Mirkarimi, setting the stage for her return to the progressive fold.

“To be a progressive is to share an ideology that understands and believes that the best decisions for our city require the participation of all of us, no matter who we are, where we live, or how big our checkbook is,” Agnos said. “As with so many who have endorsed her, that progressive label says she is a politician who understand this fundamental truth.”

SF Rising board member Alicia Garza kicked off the rally by saying, “We are here to set the record straight that the progressive movement is alive and well in San Francisco.” Later, she praise Olague’s history as a community organizer, saying that, “She understands deeply what it means to empower communities.”

Sup. John Avalos, another supervisor who hasn’t always agreed with Olague in the last nine months and just endorsed last week, commended her for the courage it takes to assert her values instead of simply supporting the mayor who appointed her. He said Olague recognizes that, “We live in a city of extremes, with extreme differences between the haves and have-nots.”

Another new progressive endorsement, coming in the wake of one-time progressive favorite Julian Davis’ troubles, was Quintin Mecke, who said he first worked with Olague on anti-gentrification issues 13 years ago. “I trusted her work then and I trust her work today,” he said. Activist Lisa Feldstein – like Mecke, a former D5 candidate – echoed the sentiment.

“I’m here because I really trust Christina and want to fight for her,” Feldstein said. “She comes from a place of integrity and compassion.”

When Olague finally took the podium, she said, “I am humbled by the heartfelt words of my colleagues.” She also tried to help define progressivism in San Francisco, said that it “isn’t about a cult of personality.”

Instead, she said it’s about working to building people’s capacity to create an inclusive and just city. “It’s about building a movement that can weather any storm,” Olague said, closing by saying she’ll ensure “the progressive voice is always strong in District 5 and I’ll keep working to make it heard until I’m blue in the face…I am the most progressive person in the race.”

Daly’s Buck Tavern, a progressive hangout, is closing

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When leftist firebrand Chris Daly left the Board of Supervisors two years ago, amid political treachery that effectively ended a decade of progressive control over the body, the bar that he took over and operated – the Buck Tavern – became a gathering place for progressive activists. It was almost like a government in exile following a coup d’etat.

That changed a bit over the last year as Daly became the full-time political director of SEIU Local 1021 and dropped his regular bartending gigs, although the Buck still showcased community events. But as their lease was set to expire on Oct. 31, Daly and co-owner Ted Strawser were unable to negotiate a new one on terms they could afford, to find a new space, or to find a buyer that would keep the Buck running.

So the Buck Tavern, under the helm of a politico that the SF Weekly once-dubbed Captain Outrageous – in an article recognizing his role in getting a better deal for the city hosting the America’s Cup (and, of course, denying ours) – is set to sink at the witching hour on Halloween. That’s right, the Buck is going under.

“We’ve been able to do some really cool things with the space in terms of housing a community of people,” Daly told us. “We had a good run.”

That community is invited for a last hurrah at the Buck on Oct. 31, with nautical-themed costumes requested. So, ye scurvy dogs, come grab some grog and toast the motley crew that proudly sailed these stormy seas before they descend to Davy Jones locker. Arghhh!

D5 shakeups flip the dynamics of that wild race

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[UPDATED AND CORRECTED] Wild and unsettling political dynamics have rocked the District 5 supervisorial race, with three major candidates having prominent endorsements withdrawn, the most significant being this week’s mass exodus of support from the campaign of Julian Davis following his bad handling of allegations that he has mistreated women.

Those withdrawing their endorsements of Davis since Saturday include Sups. John Avalos, David Campos, and Jane Kim, Assembly member Tom Ammiano, the Bay Guardian, the Examiner, and the League of Pissed-Off Voters. The Harvey Milk LGBT Democratic Club has scheduled a vote for Monday on whether to withdraw its sole endorsement of Davis.

Avalos gave his endorsement to Sup. Christina Olague over the weekend, and she seems to be getting more progressive support in the wake of Davis’ flame-out and her Oct. 9 vote in favor of reinstating Sheriff Ross Mirkarimi. That vote triggered a strong backlash against Olague from Mayor Ed Lee and his allies, with San Francisco Police Officers Association withdrawing its endorsement.

But former Mayor Art Agnos reached out to Olague – who he didn’t know previously – after the Mirkarimi vote and is rumored to be considering offering her his endorsement and support. Agnos didn’t confirm or deny the rumor, but he did tell us, “I was very impressed by her commitment to the progressive issues we share.”

Olague has a long history of progressive activism and was a consistently good vote during her tenure on the Planning Commission, but many progressives were concerned by her early support for Lee, who then appointed her to the District 5 seat vacated by Mirkarimi’s election as sheriff, and by some of her votes and behaviors since then.

But now that she’s been viciously attacked by Lee’s staffers and allies over the Mirkarimi vote – and iced out by Lee himself, who she says won’t return her calls and who bailed out on a planned campaign appearance – Olague seems to have a newfound independence. “At the end of the day, we serve constituents and the city, and that’s who we should answer to,” Olague told us, agreeing that she feels freed up by recent developments, as difficult as they’ve been. “You don’t become an indentured servant.”

She told us that her decision last year to co-chair the “Run, Ed, Run” campaign to convince Lee to break his promise and run for a full term to the office he’d been appointed to was based on her belief that “we’d see an infusion of new energy and some more diversity” of both ideology and demographics in the Mayor’s Office.

“Sadly, I’m not seeing those changes happening really. I didn’t sign up for another four years of Gavin Newsom and those thugs, and I’ve seen a lot of that same behavior,” she said. “People who played prominent roles in the Newsom administration continue to play prominent roles in this administration.”

Olague said the schism with the administration began this summer when she supported Avalos in trying to bring in new revenue as part of the business tax reform measure that became Prop. E, which Lee had insisted be revenue neutral before compromising with progressives. That was when Olague said she got her first nasty message from Tony Winnicker, the former Newsom press secretary who now works for Lee and wrote Olague a text during the Mirkarimi hearing telling her “you disgust me and I will work night and day to defeat you.”

Some prominent progressives privately worried that schism was an election ploy designed to help Olague win the race for this progressive district given that Davis had captured most of the influential progressive endorsements. But with Lee and his allies continuing to be openly livid over the Mirkarimi vote – and with solid progressive John Rizzo running a lackluster campaign that has less than $5,000 in the bank – there is growing progressive support for Olague.

The big fear among many progressives is that London Breed will win the race, a concern that has been exacerbated by the support that Breed has been receiving from real estate and development interests, both directly and in independent expenditures by the Association of Realtors, which has spent more than $225,000 in this election cycle hoping to knock out progressives in Districts 1 and 5 and tip the balance of power on the board.

Breed told us that she doesn’t know the Realtors or why they’re offering such strong support, pledging to be an independent vote. “I’ve never made any promises to anyone that I would help anyone or that I would be this way or that,” she told us. “I’m not here to do anyone’s bidding, whether it’s Aaron Peskin or Willie Brown or anyone else.”

Brown helped launch Breed’s political career by [CORRECTED recommending then-Mayor Gavin Newsom] appoint her to the Redevelopment Commission, where Breed supported Lennar and other big developers, but she had a falling out with him earlier this year and made impolitic comments about him to the Fog City Journal, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed.

Brown, Lee, and Chinatown power broker Rose Pak helped raise money for Olague, who has received the maximum $500 donation from such powerful inside players as venture capitalist Ron Conway (and his wife, Gayle), Michael Cohen, Victor Makras, Lawrence Nibbi, Mark Mosher, and John Whitehurst.

But that was before the Mirkarimi vote, which Lee’s allies seem to see as a litmus test on Olague’s loyalty to them. As Tenderloin Housing Clinic director Randy Shaw, who helped engineer the progressive split that brought Lee to power, put it on his Beyond Chron blog, “Olague’s vote was an act of profound disloyalty not only to the mayor who appointed her, but also to those who pushed the mayor to do so.”

Olague says she’s disturbed by that viewpoint, and by those so blinded by their efforts to demonize Mirkarimi “and exploit and politicize issues around domestic violence” that they have failed to consider the price he has already paid for his actions or the legal standards for removing an elected official. “On something like this, it’s not a question of loyalty. It’s about principles,” she said.

Breed says that she has seen an increase in support since the Mirkarimi vote and the Davis meltdown, but she said that she doesn’t want to talk about those cases or exploit them politically. “I don’t take pleasure in the misery of someone else,” she said, adding her hope that the furor about Mirkarimi will die down. “The decision has been made and it’s time for the city to come together.”

Progressive leaders have made similar calls, but Mirkarimi’s critics are showing no signs of letting the issue go. San Francisco Democratic County Central Committee members Zoe Dunning and Matt Dorsey have put forward a resolution condemning the reinstatement vote and calling for Mirkarimi’s ouster, which the DCCC will consider on Wednesday evening, Oct. 24.

[CORRECTED At that meeting, the DCCC will also consider a motion] to reopen the D5 endorsement process, hoping to change the DCCC’s previous “no endorsement” vote, and sources tell us there is currently a strong backroom effort to give the endorsement to Breed. That vote will be a big test for progressives, which lost their majority control over the DCCC in the June elections.

Meanwhile, D5 candidate Thea Selby – who snagged one of the three endorsements by both the Guardian and the Examiner – continues to run a strong and well-funded campaign that has avoided the carnage taking place in the other campaigns. “I feel like I’m in the middle watching out for flying beams,” she told us, adding that both she and Rizzo have been “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

But unlike Rizzo, who has seems strangely absent and didn’t return Guardian phone calls [see UPDATE below], Selby has plenty of money in the bank – nearly $60,000 as of the last official report two weeks ago – and could benefit from voter disgust with the ugly politics at play. “It’s my experience that is driving this,” says this small-businessperson, “and not my lifelong desire to be a politician, and that may ring some bells.”

How the ranked-choice voting system will play out in this mess is anyone’s guess, and even Davis seems to be hoping that he still has a shot, resisting calls by the Guardian and others to withdraw from the race. Poorly funded candidates Andrew Resignato and Hope Johnson this week announced they were joining forces for the “People’s Ticket” after being excluded from a University of San Francisco candidates forum.

But most political observers seem to think this race will come down to a two-person contest between Breed and Olague – who each have more than $45,000 in the bank with which to make a strong final push – and the distinctions between them are becoming clearer as more progressives get behind Olague and the moderates and monied interests get behind Breed.

Olague said she’s still “willing to work with anybody,” but that, “I’m worried that moderate forces will seize this moment to try to destroy us.”

UPDATE 4:45: Rizzo just got back to us and said he’s been actively campaigning and feeling good about his chances. “We have a great team and we’ll have enough resources to reach voters,” Rizzo said. He said that he’s had a stong fundraising push in the last couple weeks since the last campaign financing statement was released, and he noted his endorsements and active support by influential progressives including Ammiano, Campos, and Carole Migden. “We’re doing a lot of retail campaigning, meeting voters and getting the message out.”

Win tickets to see The Foreign Exchange, Sat/20

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Earshot Entertainment presents a night of some of the finest R&B, soul and progressive hip-hop with the hardest working band: the Grammy-nominated duo The Foreign Exchange along with Zo!, Sy Smith, Jeanne Jolly with live band, and DJs Platurn & B Bravo.

This promises to be one of the most-anticipated club performances of 2012, spotlighting cross-cultural global fusion and bringing rhythmic unity to a diverse audience, and is a must-attend event for fans of Eric Roberson, Little Dragon, Bilal, and the like.

Consisting of rapper/singer/songwriter Phonte and producer Nicolay, The Foreign Exchange came together via the online hip-hop community Okayplayer.com in 2002. After trading files through instant messenger for over a year, Nicolay (living in his native Holland at the time) and Phonte (a Raleigh, NC resident) completed their debut album Connected before they ever met each other in person and was praised by legendary DJ’s such as Jazzy Jeff, King Britt, and DJ Spinna for its inventive mix of hip-hop, R&B, and electronica.

Get your tickets to this event here. To win a pair of tickets, email your full name to sfbgpromos@sfbg.com with “Foreign Exchange” in the subject. Two winners will receive email confirmations at noon on Fri/20.

Saturday, October 20 at 10:30pm (9pm doors) @ Mezzanine, 444 Jessie, SF | $25 adv.

Tiny hats and Trannyshack: this year’s Masquerotica has something for everyone

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What of the the sex expo? Hundreds of new pairs of fishnet stockings await this weekend’s Masquerotica at the Concourse Exhibition on Sat/13. They languish in their packages, yearning for the convention center-sized strut between rooms of Kink.com performers, contortionists, fetish wear booths, Trannyshack vamps, and Hard French DJs. For months now, we at the Guardian have been receiving tidings of the second annual Masquerotica’s impending onslaught, which, event PR folk assured us, was to be a true representative of SF sex culture. 

To fully prepare ouselves for the scantily-clad melees, we turned to event co-organizer Scott Levkoff for answers. Levkoff is the founded of Mission Control, that pansexual playground here in the city that hosts such swinger’s balls as Kinky Salon with his partner, Polly Pandemonium. He gave us an idea of what to expect, and unexpectedly extolled the virtues of tiny top hats and sexy nurse costumes.

SFBG: After Exotic Erotic went down in financial flames, why do you think it’s important to have these large scale sex events?

SL: Its one thing to explore freedom behind closed doors, to express and explore in small circles or at invite only events- but if you have ever participated with any of the larger events such as Folsom Fair and Pride, there is a feeling that you are amongst a majority and no longer a minority. 

The first time I went to events such as Folsom Fair, and even the now-defunct Exotic Erotic Ball, I marvelled at the sense of freedom and elation that I experienced. There is a weird sense of belonging that I feel at these large scale events, a sense of rightness regarding your choice to live and love the way you wish that is amplified by the sheer numbers present. In a practical sense, large scale events can model the behaviors necessary for the adoption and acceptance of progressive attitudes if done right.

SFBG: How do you think Masquerotica would be as an entry point for someone who is looking to explore their kinkyness?

SL: Masquerotica has been intentionally curated as a sort of smorgasbord of SF’s sexiest and most creative communities — think of the party like a sampler buffet of many sensual delights and treats. Guests newer and perhaps a bit timid in exploring these worlds will also find the party a great introduction. They’ll be welcomed by our trained event hosts courtesy of Mission Control, dubbed Masqueteers. They will greet guests at the front gate, present our basic house rules, such as: Be nice! Consent is sexy! No aggressive cruising — even if they are really cute! Please ask before touching! Etc.

SFBG: Can you tell me about some of the fashion that will be at the expo? 

SL: One will see a lot of Dark Garden corsets, Burning Man fashions, the ever perennial ‘tiny top hat’, animal costumes, and clothing from SF establishments such as Costume on Haight, Distractions, Piedmont Boutique, Fantasy Makers, Mr. S Leather, New York Apparel, Idol Vintage, Multi-Kulti and one of my faves-Decades of Fashion. We’re encouraging guests to put on what makes them feel sexy and playful, whether it’s Venetian carnival couture, leather, shiny latex, lingerie, corsets, uniforms, gothic Lolita, steampunk, high Victorian, Phantom of The Opera tuxedos, lace masks, see-through fabrics, bubble wrap — get creative! As always, I predict Legs Avenue costumes will make a strong showing as well. You can never have enough sexy cats, sexy nurses, and sexy witches at a party.

SFBG: I’ve gotten a lot of emails from the organization promoting Masquerotica as a sex-positive event, as compared to other massive sex expos that the city hosts. What about Masquerotica is different from XO Expo, etc.?

SL: There really is a science to creating sexy creative events where everyone feels safe and free to express themselves. Empowering guests to ‘step up their game,’ and following through with them when they don’t, is hugely important. Just saying that you support freedom and self-expression can unleash a Mardi Gras, free-for-all mentality. Foster creative community engagement, participation, and hearty dialogue with your brand. Also important: choosing good music, erotic art, and playful visuals that brings a good vibe. Embrace true diversity whenever possible and communicate your vision to your public constantly. And make sure your space smells good! Nothing says sexy like the scent of cow dung and wet asphalt! [editor’s note: sarcasm and the Internet have few happy meetings]

Masquerotica

Sat/20 8:30pm-3am, $55–$125

Concourse Exhibition Center

635 Eighth St., SF

www.masquerotica.com

 

The most shameless campaign mailer of the year

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This is out-of-control shameless: David Lee — the pro-landlord, pro-downtown, pro-any-form-of-development candidate who is running against Sup. Eric Mar in District 1, is trying to hit Mar for supporting 8 Washington.

Here’s the headline: “Housing for the rich … or housing for everyone?” There’s even a picture of the proposed project. The flip side says that Mar “opposed the construction of 19,148 units of middle-class housing” while he “supported multimillion dollar condominiums on the waterfront at 8 Washington Street.”

The middle-class housing at issue here is, of course, ParkMerced, where Mar joined tenant groups in opposing a deal that could wind up costing the city thousands of rent-controlled units. It’s likely Lee would have supported that deal; fair enough.

The 8 Washington discussion is far more interesting — because David Lee was far from a critic of the project and certainly not among the large group of opponents. “He never said a word against the project,” Brad Paul, who helped organize the opposition, told me. “And the people who are backing him were in favor of it. This sounds like shameless political opportunism.”

So would David Lee have done anything different from Mar on this issue? We can’t know for sure, since Lee has announced a policy that until the election is over, he isn’t going to talk to reporters. (That alone is pretty odd, but it seems to be in synch with his really expensive campaign of misleading information that there’s no easy way to correct.)

But I know this: Among the most vocal propoponents of 8 Washington was the SF Building and Construction Trades Council, which is strongly endorsing and spending money on getting Lee elected. Same for the Alliance for Jobs and Sustainable Growth, a downtown front group. Let’s be serious: No way Lee would ever have opposed this project.

So he’s blasting his opponent for something he would have done, too — probably with more vigor and less concern for community benefits.

Meanwhile, Mar is getting screwed here. The main reason he voted for 8 Washington, as far as I can tell, was that labor leaders (and not just the Building Trades) told him it was important to them. The idea, I’m told, was that Mar would get an early, united, and strong endorsement from labor if he went along. Not pretty, and not a great recommendation for Mar — but that was the deal.

And almost immediately, the Building Trades went with Lee, stabbing in the back the guy who had crossed his progressive base for them.

Nice. Really nice.

UPDATE: I missed a point. In his role as a Rec-Park commissioner, Lee actually voted in favor of 8 Washington. Rec-Park had to grant an exemption to the law barring buildings from casting shadows on city parks, and 8 Washington would have shaded part of Sue Bierman Park. So he’s on the record as a supporter.

 

Davis should drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Alerts

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THURSDAY 18

Culture as a weapon: poetry and storytelling SOUL School of Unity and Liberation, 1904 Franklin Suite 904, Oakl; www.schoolofunityandliberation.org, RSVP at info@schoolofunityandliberation.org. 6:30pm, $5-25. The second in a three-part series exploring how art and culture can be a form of political resistance. At this workshop, learn from poet, writer, artist and organizer Erika Vivianna Céspedes about writing that helps build movements. RSVP is required, and if you can’t get into this one, try their next event in the series, an activist printmaking workshop on Oct. 25.

Fall of the I-Hotel film screening New Nothing Cinema, 16 Sherman, SF; newnothing.wordpress.com. 8pm, free. A screening of a film depicting the historic struggle between residents and supporters of the International Hotel and the landlords that wanted it razed and turned into a parking lot. After massive neighborhood “revitalization,” the I-Hotel was one of the last remnants of the once-lively Manilatown neighborhood. See how residents fought for it at a screening presenting by Shaping San Francisco, New Nothing Cinema, and the CIIS Anthropology and Social Change Department.

FRIDAY 19

Say goodbye to condoms as evidence Jane Warner Plaza, 401 Castro, SF; www.tinyurl.com/condommarch. 6-8pm, free. As we reported this week, SFPD has decided to temporarily end the controversial practice of using possession of condoms as evidence in prostitution cases. For a three to six month trial period, condoms will not be seized or photographed if a cop thinks someone might be a sex worker. A group that was planning to march in opposition to the practice will now march in celebration of the decision, and to urge the city to make the trial period permanent.

Disobeying with great love Powell Street Bart station, Powell and Market, SF; www.tinyurl.com/disobeylove. 6pm, free. A flash mob meditation in the middle of the Disneyland-like shopping district. What better way to relax amongst the chaos?

SATURDAY 20

Op Trapwire Department of Homeland Security, 560 Golden Gate Ave, #36127, SF. WikiLeaks let loose information about Trapwire, the now-notorious company that uses surveillance and tracking to monitor people’s movements and aggregate them into patterns. It does this with a network of security cameras across the country, government and law enforcement uses its information, and the whole thing may be illegal. Some Occupy types have called for a national day of action against surveillance on Oct. 20, and San Francisco is joining in.

Picket Mi Pueblo market Mi Pueblo Mercado1630 High, Oakl; dignityandresistance@gmail.com. 1-4pm, free. Mi Pueblo Market is a successful and beloved grocery store chain. Workers were upset to learn that the company signed up to participate in E-Verify, a voluntary program that tracks the immigration status of all new hires. Managers say that the decision was made after serious pressure from ICE and the Department of Homeland Security. Workers and community supporters will picket the store in protest of the new policy.

SUNDAY 21

Amy Goodman speaks First congregational church of Oakland, 2501 Harrison, Oakl; www.kpfa.org/events. 7pm, $15 in advance. Amy Goodman co founded Democracy Now! The War and Peace Report in 1996. Since then, she has consistently brought progressive, hard hitting reporting to television screens and radios, authored a few books, and established herself as a distinctive voice in journalism. She’s also a kick ass speaker. Come hear her share her wisdom at a benefit for KPFA radio, where she’ll be speaking on “The Silenced Majority: Stories of Uprisings, Occupations, Resistance, and Hope”

MONDAY 22

Tasers forum Hamilton Recreation Center, 1900 Geary, SF; www.tinyurl.com/taserforums. 5pm, free. The SFPD has called a public forum to discuss the possible introduction of tasers into the police arsenal. Come to share your thoughts on the idea. And if you want to hear more, show up a half hour early for a community-led forum. “This summer, ACLU delivered a report of 532 documented Taser related deaths in the US since 2001, but that has not stopped SF Police Chief Greg Suhr from pushing the fourth attempt to spend several million dollars to equip SFPD with these deadly weapons,” say organizers.

Davis needs to drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Was Realtor-financed attack ad illegally coordinated with Lee?

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District 1 supervisorial candidate David Lee might have violated election laws prohibiting candidates from coordinating with groups doing independent expenditures after being featured in a pricey attack ad blasting his opponent, incumbent Sup. Eric Mar.

The San Francisco League of Pissed Off Voters yesterday filed a complaint with the Ethics Commission requesting an investigation into illegal coordination between Lee and the Association of Realtors, which produced an ad entitled “Send Mar Back to Mars,” in which Lee appears to have participated in the filming.

“Our concern is that Lee’s campaign has collaborated with the San Francisco Realtors Association in providing footage,” says Fabiana Ochoa, a member of the steering committee for the League.  “That’s really a violation of the law.  It’s a concern this year because we see how national super PACs have an influence on campaigns.”

Lee’s direct fundraising and the allegedly independent expenditures on his behalf this week topped $557,486 – more than any other San Francisco supervisorial campaign in history — prompting the Ethics Commission to again raise the expenditure cap on the public financing in Mar’s race. Lee and his campaign have refused to answer questions about this or other issues. 

“No one has ever seen that kind of spending here in San Francisco.  It’s turned into a challenging and nasty campaign,” Ochoa said.  “It’s a small district but the game has changed.”

Progressive groups — including the League, San Francisco Tenants Union, and Harvey Milk LGBT Democratic Club — are fighting back with a rally scheduled for this Monday at 5pm outside the Realtors Association office at 301 Grove Street. They’re urging participants to bring pots and pans, reminiscent of the group of scowling children who were smeared with dirt and banging pots and pans in the video.   

In an email to the Guardian, the Ethics Commission’s Executive Director John St. Croix said, “The Ethics Commission can not confirm, deny or discuss complaints.” If the Ethics Commission does investigate and finds that Lee knowingly participated in this advertisement, it is unclear what exactly the penalty will be and the District Attorney’s office is not jumping to any conclusions yet. “For now it’s still with the Ethics Commission so we can’t comment on it,” says Stephanie Ong Stillman, press secretary for the D.A.’s office.

In a time when corporations are considered people and wealthy interests have unprecedented political influence in elections, all eyes are on the candidates and how honestly they run their campaigns.  Current San Francisco law prohibits candidates from organizing with independent expenditures like this one.

The ad, which cost $50,000 to make, mocks Mar’s efforts to remove toys from McDonald’s Happy Meals by featuring kids protesting his policies.  The glossy 3 ½ minute commercial is high-quality with Hollywood production value, leaving skeptical viewers wondering if Lee’s cameo was staged and his participation deliberate.   If it was, then Lee also violated laws that ban candidates from accepting campaign contributions exceeding $500.

The Association of Realtors clearly has an interest in David Lee, considering Mar supports tenant rights, and the Tenants Union has make its rally and campaign an effort to “save rent control” and called it a “march on the 1 percent” that is trying to buy the Board of Supervisors and remake San Francisco.

Realtors Association President Jeffery Woo would not discuss the issue when reached by phone.  In an emailed press statement to the Guardian, the Association of Realtors wrote, “ We stand by the facts, and humor, of the video we produced on the election in District 1 and do not plan to remove it from YouTube as it has achieved success in raising important issues in San Francisco.”

The Guardian also reached out to the political media expert who produced the film, Fred Davis, but he did not return our calls. 

Davis, who served as chief media strategist for John McCain’s 2008 presidential campaign, is a Hollywood-based veteran of campaign marketing and has produced some of the most notorious political ads in recent history including the Demon Sheep video for Carly Fiorina’s 2010 GOP senate campaign.  He also created the highly lampooned 2010 ad featuring Delware Senate candidate Christine O’Donnell, who assured viewers that she was “not a witch.” 

Judge for yourself whether Lee participated in the making of this video:

 

Mirkarimi case — the aftermath

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So many things to think about after last night’s Board of Supervisors vote on Ross Mirkarimi. It was a dramatic moment in local politics, a clear rejection of the mayor by four supes, including one of his appointees, a show of political courage by some and weakness by others.

But before I get into that, let me say:

I argued against removing Mirkarimi, for a lot of reasons. One of the most important is the precedent here — the City Charter gives the mayor too much power, the ability to singlehandedly remove an elected official for what the city attorney’s office concluded was pretty much any reason at all. There is no definition of “official misconduct” — and the way this case was presented, it could be interpreted really broadly. That’s dangerous, and the supervisors (or four of them, anyway) knew it.

I’m also a believe in restorative justice, in redemption, in the idea that people can do bad things and turn themselves and their lives around.

Still, it’s important to remember that what Mirkarimi did on New Year’s Eve, 2011, was awful, unacceptable. He was, at the very least, a total asshole and a jerk, treating his wife in a way that was — again, at the very least — psychologically abusive. Some of the comments at the board meeting were way off base; some speakers attacked the domestic violence community and made it sound as if Mirkairmi’s crime was pretty minimal.

I agree with David Chiu that the city’s going to have to come together after this — and the progressives who supported Mirkarimi are going to have to reach out to, and work with, the DV advocates. Because domestic violence is no joke, is no “private matter,” is still a major, serious issue in this city, and the worst possible outcome would be a reversal in San Francisco’s progressive policy on handling these cases.

I wish the audience hadn’t erupted in cheers when the final votes were cast. I heard Mirkarimi on Forum this morning, and when Michael Krasny asked if he was “elated,” he indicated that he was. Wrong answer: Nobody should be happy about what happened here. Mirkarimi’s biggest political and personal flaw has always been his ego, which at times bordered on arrogance, and that has to end, today. The sheriff needs to be humble about what happened to him, recognize that nobody “won” this ugly chapter in city history, and get back to work trying to mend fences with his critics. He’s facing the very real possibility of a recall election, and if he acts like he’s been totally vindicated, it’s going to happen.

This is a chance for Mirkarimi to take the notion of restoration and redemption seriously — by doing what Sup. John Avalos suggested at the hearing. He has to become a changed man. He has to show the world that he really, really gets it. Starting now.

Speaking of change …. the Number One Profile in Courage Award goes to Sup. Christina Olague. Olague was under immense pressure from the mayor, who wanted her vote badly. And because of the rotation of the votes, she had to go early, when it wasn’t clear at all which way this was going to turn out. And she came through, 100 percent solid. She made all the right points, and once she said she was going to vote against the mayor’s charges, the whole thing was over. At that point, there was no way David Campos or John Avalos could or would go the other way, so Mirkarimi had his three votes. I have been critical of Olague, but in this case, I want to give full credit: She did the right thing, when it wasn’t easy. She may have just won the election. (Let me clarify that — she may have kept herself from losing the election.)

Sup. Jane Kim was brilliant in her questioning of the mayor’s representatives and her analysis of the case. She showed real leadership and helped set the stage for what happened by pointing out the flaws in the mayor’s case.

And of course, Campos and Avalos, the undeniable, solid left flank of the board, came through.

It wasn’t easy for any of these four supervisors, and they all deserve immense credit.

Not so Eric mar, who I realize is in a tough race, but … when Olague, who has been accused of being too close to the mayor, had the courage to stand up, Mar, who has nearly universal progressive support, did not.

This is a great opportunity for the city to start talking about restorative justice in a serious way. Let’s get started.

 

 

Local censored 2012

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BEHIND THE MIRKARIMI CASE

In early January, details from the police investigation of then-Sheriff-elect Ross Mirkarimi bruising his wife’s arm during an argument were leaked to the San Francisco Chronicle and other news outlets. The key piece of evidence was a 45-second video that Mirkarimi’s wife, Eliana Lopez, made with her neighbor, Ivory Madison, displaying the bruise and saying she wanted to document the incident in case of a child custody battle. That video convinced many of Mirkarimi’s guilt, and a majority of Ethics Commissioners say they found it to be the main evidence on which Mirkarimi should be removed from office on official misconduct charges (the Board of Supervisors was scheduled to vote on Mirkarimi’s removal on Oct. 9, after Guardian press time).

But that video was only a small part of the overwhelming and expensive case that Mayor Ed Lee brought against Mirkarimi, including the more serious charges of abuse of power, witness dissuasion, and impeding a police investigation, all of which go more directly to a sheriff’s official duties. All of those charges got lots of media coverage and they helped cement the view of many San Franciscans that Mirkarimi engaged in a pattern of inappropriate behavior, rather than making a big momentary mistake. Yet most of the media coverage during the six months of Ethics Commission proceedings ignored the fact that none of the evidence that was being gathered supported those charges. Indeed, all those charges were unanimously rejected by the commission on Aug. 16, a startling rebuke of Lee’s case but one that was not highlighted in many media reports, which focused on the one charge the commission did uphold: the initial arm grab.

 

 

THE NEXT DOT-BOMB

In the late 1990s, San Francisco was in a very similar place to where it is now. The first dot-com boom was full bloom, driving the local economy and creating countless young millionaires — but also rapidly gentrifying the city and driving commercial and residential rents through the roof (great for the landlords, bad for everyone else). And then, the bubble popped, instantly erasing billions of dollars in speculative paper wealth and leaving this a changed city. The city’s working and creative classes suffered, but the political backlash gave rise to a decade with a progressive majority on the Board of Supervisors.

The era ended in 2010 when Ed Lee was appointed mayor, and he began ambitious agenda of pumping up a new dot-com bubble using tax breaks, public subsidies, and relentless official boosterism to lure more tech companies to San Francisco. Lee has been successful in his approach, in the process driving up commercial rents and housing prices. By some estimates, about 30 percent of the city’s economy is now driven by technology companies.

Yet there have been few voices in the local media raising questions about this risky, costly, and self-serving economic development strategy. The Bay Citizen did a story about Conway’s self interested advice, the New York Times did a front page story raising these issues, and San Francisco Magazine just last month did a long cover story questioning how much tech is enough. But most local media voices have been silent on the issue, and much of the damage has already been done.

 

OLD POWERBROKERS RETURN TO CITY HALL

More than a decade ago, then-Mayor Willie Brown and Chinatown power broker Rose Pak worked together to empower big business, corrupt local politics, and clear the path for rampant development — an approach that progressives on the Board of Supervisors repudiated and slowed from 2000-2010. But Brown, Pak, and a new generation of their allies have returned in power in City Hall, and it’s as bad as it ever was.

Many San Franciscans know of their high-profile role appointing Lee to office in early 2011. But their influence and tentacles have extended far beyond what we read in the papers and watch on television, starting in 2010 when their main political operatives David Ho and Enrique Pearce ran Jane Kim’s supervisorial campaign, beating Debra Walker, a veteran of the fights against Brown’s remaking of the city.

Now, this crew has the run of City Hall, meeting regularly with Mayor Lee and twisting the arms of supervisors on key votes. Pearce and Ho persuaded longtime progressive Christina Olague to co-chair the scandal-plagued Run Ed Run campaign last year, she was rewarded this year with Lee appointing her to the Board of Supervisors. Pearce has been her close adviser, and most of her campaign cash has been raised by Brown and Pak. Even progressive Sup. Eric Mar admits that Pak in raising money for him, a troubling sign of things to come.

 

THE REAL OCCUPY STORY

The Occupy San Francisco camp that was cleared by police last week may have been mostly homeless people. And major news media outlets from the start reported that Occupy was dangerous, filthy, and a civic eyesore.

But last fall, the camps were comprised of a huge variety of people that chose to live part or full time on the streets. Students, people with 9-5 jobs, people with service jobs, and the unemployed were all represented. Wealthy people who lived in the financial districts where camps popped up mixed with working-class people who came from suburbs and small towns. Families came out, welcomed in the “child spaces” set up in many Occupy camps throughout the country. Most camps also boasted libraries, free classes, kitchens, food distribution, and medical tents.

As news media focused on gross-out stories of pee on the streets and graphic descriptions of drunk occupiers, they managed to ignore the complex systems that were built in the camps. Nor did anyone mention that homeless people have the right to protest, too.

East Bay Endorsements 2012

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The East Bay ballot is crowded, with races for mayor, city council and school board in Berkeley and Oakland, plus a long list of ballot measures. We’re weighing in on what we see as the most important races.

 

OAKLAND CITY ATTORNEY

 

BARBARA PARKER

This one’s simple: Progressives on the council like Parker, who’s a pretty unbiased attorney. Her challenger, Jane Brunner, is a supporter of Ignacio De La Fuente. Vote for Parker.

 

OAKLAND CITY COUNCIL

 

AT-LARGE

 

REBECCA KAPLAN

In some ways, this is a replay of the 2010 mayor’s race, where Rebecca Kaplan and Jean Quan, running as allies in a ranked-choice voting system, took on and beat Don Perata, the longtime powerbroker who left town soon after his defeat. This time around, it’s Kaplan, the popular incumbent, facing Ignacio De La Fuente, a Perata ally, for the one at-large council seat.

De La Fuente, who currently represents District 3, would have easily won re-election if he stuck to home. But for reasons he’s never clearly articulated, he decided to go after Kaplan. The general consensus among observers: De La Fuente wants to be mayor (he’s tried twice and failed), thinks Quan is vulnerable, and figures winning the at-large seat would give him a citywide base.

It’s a clear choice: Kaplan is one of the best elected officials in the Bay Area, a bright, progressive, practical, and hardworking council member who is full of creative ideas. De La Fuente is an old Perata Machine hack who wanted to kick out Occupy Oakland the first day, wants curfews for youth, and can’t even get his story straight on cutting the size of the Oakland Police Department.

De La Fuente is all about law and order, and he blasts Kaplan for — literally — “coddling criminals.” But actually, as the East Bay Express has reported in detail, De La Fuente, in a fit of anger at the police union, led the movement to lay off 80 cops. And the crime rate in Oakland spiked shortly afterward. Kaplan opposed that motion, and tried later to rehire many of those cops — but De La Fuente objected.

Public safety is one of the top local issues, and Kaplan not only supports community policing (and more cops) but is working on root causes, including the lack of services for people released into Oakland from state prison and county jail. She’s also a strong transit advocate who’s working on new bike lanes and a free shuttle on Broadway. She helped write the county transportation measure, B1. She richly deserves another term — and De La Fuente deserves retirement.

 

BERKELEY MAYOR

 

KRISS WORTHINGTON

It would be nice to have a Berkeley person as mayor of Berkeley again.

The city’s still among the most progressive outposts in the country — and Mayor Tom Bates, for all his history as one of the leading progressive voices in the state Legislature and a key part of the city’s left-liberal political operation, has taken the city in a decidedly centrist direction. Bates these days is all about development. He’s a big supporter of the sit-lie law (hard to imagine the old Tom Bates ever supporting an anti-homeless measure). He didn’t even seek the mayoral endorsement of Berkeley Citizens Action, which he helped build, and instead hypes the Berkeley Democratic Club, which he used to fight. After ten years, we’re ready for a new Berkeley mayor.

Worthington is the voice of the left on the City Council. He’s an aggressive legislator who is never short of ideas. He’s talking about the basics (holding separate council meetings on major issues so people who want to speak don’t have to wait until midnight), to the visionary (a 21-point plan for revitalizing Telegraph Avenue). He’s against sit-lie and wants developers to offer credible community benefits agreements before they build. We’re with Worthington.

Alameda County ballot measures

 

MEASURE A1

 

ZOO TAX

 

YES

The Oakland Zoo does wonders with rescue animals; instead of bringing in creatures from the wild or from other zoos, the folks in Oakland often find ways to take in animals that have been abused or mistreated elsewhere. Measure A1 would impose a tiny ($12 a year) parcel tax to support the public zoo. Critics say the money could go for zoo expansion, but the expansion’s happening anyway. Vote yes.

 

MEASURE B1

 

TRANSPORTATION PROGRAMS

 

YES

Quite possibly the most important thing on the East Bay ballot, Measure B1 creates the funding for a long-term transportation plan. Almost half of the money goes for public transit and only 30 percent goes for streets and road. There’s more bicycle money than in any previous transportation plan. Every city in Alameda County supports it. Vote yes.

Berkeley ballot measures

 

PROPOSITION M

 

STREET IMPROVEMENTS BOND

 

YES

Not our first choice for a street improvement bond, it’s a bit of a hodgepodge that squeaked through a divided council. But the city’s deferred street maintenance is a major problem and this $30 million bond would be a modest step forward.

 

MEASURE N

 

POOLS BOND

 

YES

Berkeley has lost half its public pools in the past two years; the facilities are unusable, and it’s going to take about $20 million to refurbish and rebuild them. This bond measure would allow the city to re-open the Willard Pool and build a new Warm Water Pool — critical for seniors and people rehabbing from injuries. Vote Yes.

 

MEASURE O

 

POOL TAX

 

YES

Berkeley often does things right, and this is a perfect example: Instead of building new facilities that it can’t afford to operate (hell, SF Recreation and Parks Department), Berkeley is asking for two things from the voters: Bond money to rebuild the municipal pools, and a special tax to provide $600,000 a year for operations. We support both.

 

MEASURE P

 

REAUTHORIZING SPECIAL TAXES

 

YES

Measure P doesn’t raise anyone’s taxes. It’s just a housekeeping measure, mandated by state law, allowing the city to keep spending taxes that were approved years ago for parks, libraries, medical services, services for the disabled, and fire services. Vote yes.

 

MEASURE Q

 

UTILITY TAX

 

YES

Berkeley’s been collecting utility taxes on cell phones for some time now, but the law that allows it is based on federal language that has changed. So the city needs to make this modest change to continue collecting its existing tax.

 

MEASURE R

 

DISTRICT LINES

 

YES

The council districts in Berkeley were set when the city adopted district elections in 1986, with a charter amendment saying all future redistricting should conform as closely as possible to the 1986 lines. Nice idea, but the population has changed and it makes sense for the council to have more flexibility with redistricting.

 

MEASURE S

 

SIT-LIE LAW

 

NO, NO, NO

It’s hard to believe that progressive Berkeley, which has spent hundreds of thousands of dollars defending similar laws in court, wants to criminalize sitting on the sidewalk. It hasn’t worked in San Francisco, it won’t work in Berkeley. Vote no.

 

MEASURE T

 

AMENDMENTS TO THE WEST BERKELEY PLAN

 

NO

Council Members Kriss Worthington, Jesse Arreguin, and Max Anderson all oppose this plan, which would open up West Berkeley to more office development — with no guarantee of community benefits. Everyone agrees the area needs updated zoning, but this is too loose.

 

MEASURE U

 

SUNSHINE COMMISSION

 

YES

Berkeley has needed a strong sunshine law for years; this one isn’t the greatest, but it’s not the worst, either; it would mandate better agendas (and allow citizens to petition for items to be put on the agenda) for city boards and commissions, would create a new sunshine commission with the ability to sue the city to enforce the law, and would require elected and appointed officials to make public their appointments calendars.

 

MEASURE V

 

CERTIFIED FINANCIAL REPORTS

 

NO

This sounds like a great idea — mandate that the city present certified financial audits of its obligations before issuing any more debt. In practice, it’s a way to make it harder for Berkeley to raise taxes or issue bonds. Vote no.

Oakland ballot measures

 

MEASURE J

 

SCHOOL BONDS

 

YES

Measure J would authorize $475 million in bonds for upgrading school facilities. This one’s a no-brainer; vote yes.

 

Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

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The Board of Supervisors has voted to reinstate Sheriff Ross Mirkarimi and reject the official misconduct charges that Mayor Ed Lee brought against Mirkarimi for grabbing and bruising his wife’s arm during a New Year’s Eve argument, for now ending an ugly saga that has polarized San Franciscans.

The vote was 7-4, two votes shy of the nine needed to sustain the charges and remove Mirkarimi, who now resumes the position voters elected him to in November with back pay going back to March when Lee suspended him. Sups. Christina Olague, David Campos, John Avalos, and Jane Kim voted in Mirkarimi’s favor, condemning the domestic violence incident but saying that it didn’t meet what is and should be a high and clear standard for overruling the will of voters, a concern also voiced by Sup. Mark Farrell. 

“I do take this job seriously, that we are public policy makers,” said Kim, a lawyer who emphasized their duty to set clear standards for officials during these unprecedented proceedings rather than being swayed by emotional responses to conduct by Mirkarimi that she called “incredibly egregious.”

But for most of the supervisors, that was enough. Sup. Eric Mar, who is in the middle of difficult reelection campaign against the more conservative and well-financed David Lee, said he thought is was important to have “zero tolerance” for domestic violence and his vote was “in the service of justice and a belief it will combat domestic violence.”

Earlier in the hearing, Kim had led the questioning of Deputy City Attorney Sherri Kaiser, whose broad interpretation of official misconduct standards and inability to set clear guidelines troubled Kim, just as it had earlier to Ethics Commission Chair Benedict Hur, the sole vote on that body against removal after it conducted six months worth of hearings.

“I agree with Chairman Hur, I think we need to take the most narrow view of official misconduct,” Kim said, echoing a point that had also been made by Campos, who quoted Hur’s comment from the Aug. 16 hearing where the commission voted 4-1 to recommend removal: “I have a lot of concern about where you draw the line if you don’t relate this to official duties.”

Farrell also shared that concern, which he raised in questioning Kaiser and during the final board deliberations almost seven grueling hours later. 

“I worry a great deal about the potential for abuse in this charter section,” Farrell said, warning this and future mayors to use great caution and restraint before bringing official misconduct charges. Yet he still found that the “totality of the circumstances” warranted removal because Mirkarimi had compromised his ability to be the top law enforcement officer.

Each supervisor expressed what a difficult and joyless decision this was, and even those who supported Mirkarimi strongly condemned his actions and the efforts by some of his supporters to minimize the seriousness of his actions and the need for him to change.

“I have tremendous mixed feelings about Ross Mirkarimi,” Avalos said, noting his many proud progressive accomplishments but adding, “I’ve always seen Ross as someone who has deep flaws….[This saga] offers a chance for personal transformation and I think that’s something Ross really needs to do.”

Mirkarimi seems humbled by the hearing, and the stinging criticism of his former colleagues and his one-time allies in the domestic violence community, and he pledged to work on “regaining their trust” as he tries to embody the city’s long-held value on redemption.

“I appreciate all the comments of by the Board of Supervisors and I hear the message. The next step is mending fences and moving forward,” Mirkarimi said. Later, he told reporters, “We’re absorbing all the comments that were made by the Board of Supervisors. They are my former colleagues and I take it very seriously.”

That need to heal the deep and emotional divide between San Franciscans who see this case in starkly different ways – which was on vivid display during the hours of public testimony – was sounded by several supervisors. “We will need to come together as a city on this,” Board President David Chiu said.

Most of those who spoke during the nearly four hours in public comments favored Mirkarimi and condemned the efforts to remove him as politically motivated, overly judgmental, and setting a dangerous precedent rather than resorting to usual method for removing politicians after a scandal: recall elections.

“If anything happens to the man, it should come back to me to make that decision. Don’t do their dirty work for them,” one commenter said.

The most politically significant person to speak during public comment was former Mayor Art Agnos, who said he was a friend and supporter of Mirkarimi, but he was more concerned with the scary implications of this decision. “I respectfully urge that this Board protect all elected officials from the dangerous discretion used in this case and reinstate Sheriff Ross Mirkarimi.”

Most of those who spoke against Mirkarimi were domestic violence advocates, who were adamant that Mirkarimi be removed, casting it as a litmus test for whether the city takes their issue seriously. “This is a disciplinary proceeding, it is not election stealing,” said Beverly Upton, head of the Domestic Violence Consortium, who has lead the campaign to oust Mirkarimi since the incident was made public.

But the two sides seemed to be speaking past one another, each expressing righteous indignation that people didn’t see the issue like they did, indicating how polarizing these long-lingering proceedings have become and how difficult to heal that rift may be.

“It made my stomach turn to hear some of the comments that were made,” Sup. Carmen Chu said, condemning the actions of Mirkarimi supporters in vocally or visibly supporting one another. “That was wrong, this is not a joyous event.”

Yet Farrell said he was also concerned that Mirkarimi’s opponents would go after supervisors who made a principled stand against removing him. “I hope no one takes pot shots at the people who voted against this,” he said.

That principled stand – condemning Mirkarimi’s behavior but having a high standard for removing an elected official – was a trail blazed by Hur, who opened the hearing by presenting the Ethics Commission’s findings and a decision that he was the sole vote against. He noted the “challenge of my presentation” but made careful efforts to accurately represent the views of the commission majority.

Yet he ended up using almost half of his time at the podium — his allotted 10 minutes plus a few extra minutes to respond to questions from supervisors — to stress the danger of broadly interpreting the city’s official misconduct language and not requiring direct connection to an official’s duties.

“Public policy suggests we should interpret this more narrowly than proposed by the majority,” Hur said, later adding that his colleagues on the commission “did not provide a clear basis for how official misconduct is delineated.”

When Sup. Malia Cohen asked what he meant by the “public policy” interest at stake here, he replied, “The need to have policies that are clear…It does benefit the public when the laws are clear.” (Cohen later voted to remove Mirkarimi, stating with little explanation, “I believe the reading of the charter is narrow and appropriately applied in this case.”)

The issue of what qualifies as official misconduct — and whether there is a predictable way for officials to know where that line is drawn, or whether it’s entirely up to the discretion of mayors — was also highlighted by Kaiser’s long presentation, but probably not in the way she intended.

Kaiser appealed to people’s sense of outrage about the initial arm-grab and subsequent guilty plea — claiming Mirkarimi “attacked his wife” and “this conduct was serious!” — and seemed to think that was an adequate test of whether bad behavior by an elected official warrants his unilateral removal from office.

Kaiser took issue with Hur’s contention that a lack of clear, limiting standards gives too much power to future mayors to remove their political enemies for minor incidents.

“The mayor certainly does not agree with Hur’s argument for a bright line rule,” Kaiser said. She mocked the notion that mayors would abuse this expanded power. “The check on that is the Ethics Commission, and the check on that is this body.” Kaiser’s position was that the statute should be read as broadly as possible and that the process should be trusted to protect against political manipulations.

But Chiu also took issue with that standard, saying “having clarity in the law seems to make sense” and asking Kaiser how officials can know what standards they’re expected to meet.

“I don’t agree and I didn’t mean to convey the standard is murky,” Kaiser replied, but as she tried to elaborate, her standard began to seem ever murkier.

“It depends on the circumstance,” Kaiser said. “But that doesn’t make it too vague to apply. It makes it more nimble.”

A nimble standard might suit mayors just fine, but the idea seemed to bother the supervisors, even Farrell, who told Kaiser that her position “seems to me very contradictory.”

At the end of the hearing, Campos returned to Kaiser’s “nimble” comment as a reason for rejecting that argument and Lee’s charges: “I don’t think the analysis made me comfort. She said the interpretation was nimble, but I don’t know the difference between nimble and vague, and I think they are one in the same.”

“Most cases will be clear, but there are decisions on the periphery,” Kaiser told Farrell during the earlier questioning, not making it clear which category she’d put the Mirkarimi case into.

Kim was the next to try to pin Kaiser down on whether there’s a discernible standard for the city to apply to this and future cases, saying she’d like to see a “bright line rule or a test.” Kaiser said that it depends on the office, but that a law enforcement officer shouldn’t commit a crime.

“Then any misdemeanor the sheriff pleads to is official misconduct, is that right?” Kim asked.

No, she said, the conduct must be while someone is in office — seemingly contradicting her earlier point – and found to be so by the board and commission. But then she said, “It is true that any misdemeanor relates to the duties of a sheriff.”

Kim persisted: “This is where I get stuck. When does it fall below the standard of decency?”

“The charter doesn’t answer that question. It’s a case-by-case determination,” Kaiser said.

“What’s to guide us in the future?” Kim asked.

But again, there was no clear answer, it’s simply for mayors to decide. “It is a discretionary decision,” Kaiser said.

Kim, a lawyer, questioned whether the stance by Kaiser and Lee could lead the courts to strike down the city’s untested statute. “Does that open us up to the vagueness issue, which would make the clause unconstitutional?” Kim asked.

But Kaiser said San Francisco voters wanted to give the mayor wide power to interpret misconduct when they approved the broad new official misconduct language in 1995, part of a complete overhaul of the City Charter.

“Voters made a considered choice to put suspend and remove procedures in the charter,” she said, trying to counter the argument that recall elections should be used to remove elected officials. “These suspension and removal procedure is more nimble. It’s less expensive than a recall.”

Yet with a final price tag expected to be in the millions of dollars and proceedings lasting seven months, it’s debatable whether this process was really cheaper and more nimble.

Mirkarimi attorney David Waggoner began his presentation by saying, “There’s no question that on Dec. 31, 2011, Ross Mirkarimi made a terrible mistake.”

But it was a mistake that Mirkarimi admitted to, accepted the criminal punishment that followed his guilty plea, endured a forced six-month separation from his family, had his job and salary taken from him, was the target of a media and political campaigns that have deeply damaged his reputation, “his entire life’s work was destroyed almost in an instant.” All for pleading to a low-level misdemeanor.

“At the end of the day, the punishment does not fit the crime,” Waggoner said.

He noted that just three elected officials have been removed for official misconduct in the city’s history, each time for serious felonies. But now, it’s being applied to a misdemeanor with arguments that broaden a mayor’s ability to remove political adversaries.

“You must decide whether to uphold or overturn the will of the voters,” Waggoner told the supervisors.

He even took a swipe at the domestic violence advocates who have led the campaign to remove Mirkarimi: “Ironically, the very advocates who should be defending Eliana Lopez have been attacking her.”

Taking over from Waggoner, Mirkarimi’s other attorney, Shepard Kopp, said Mirkarimi had no official duties before taking the oath of office, and the charter makes clear there needs to be connection. “It says misconduct has to occur while an official is in office.”

Kopp also brought the focus back to the precedent in this historic case. “The other problem with the mayor’s position is it doesn’t give you any guidance or future mayors any guidance,” Kopp said, later adding, “To follow the mayor’s position is not workable policy and it doesn’t have any support under the law.”

Supervisors questioned Kopp and Waggoner, but it didn’t seem to reveal any new insights, simply reinforcing their points that official misconduct should be a rarely used tool applied only to serious crimes.

In her final five-minute final rebuttal, rather than letting her co-counsel Peter Keith speak or trying to mitigate some of the damage from her earlier testimony, Kaiser seemed to double-down on her tactic of using emotional arguments rather than addressing legal standards for removal.

She alleged Mirkarimi’s team offered “a theory that domestic violence doesn’t matter if you’re sheriff,” prompting an audible negative reaction from the crowd that Chiu gaveled down. That reaction was even louder and more outraged when Kaiser implied Mirkarimi “threatens the life of a family member.”

Those sorts of characterizations fed much of the crowd’s stated belief that this case was a “political witchhunt” designed to destroy a progressive leader, and the opposition expressed to some domestic violence advocates testimony could be used against the larger progressive community.

But Agnos, who sat in the audience throughout the long hearing, told us the frustration was understandable. “The crowd, after nine months of agony, expressed a lot of emotions, and that is inherent in mass crowds,” he said. “They didn’t mean ill will to the domestic violence community. There was no malevolent intent there.”

Supervisors who voted to reinstate Mirkarimi said they want to make clear their commitment to combating domestic violence. “I worry that this case has set us back because of the tensions around how we responded,” Avalos said.

“I think it’s important that no matter how we feel about this that we come together as a city,” Campos said. “People on both sides have legitimate viewpoints on this issue.”

PROJECT CENSORED 2012

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yael@sfbg.com

People who get their information exclusively from mainstream media sources may be surprised at the lack of enthusiasm on the left for President Barack Obama in this crucial election. But that’s probably because they weren’t exposed to the full online furor sparked by Obama’s continuation of his predecessor’s overreaching approach to national security, such as signing the 2012 National Defense Authorization Act, which allows the indefinite detention of those accused of supporting terrorism, even US citizens.

We’ll never know how this year’s election would be different if the corporate media adequately covered the NDAA’s indefinite detention clause and many other recent attacks on civil liberties. What we can do is spread the word and support independent media sources that do cover these stories. That’s where Project Censored comes in.

Project Censored has been documenting inadequate media coverage of crucial stories since it began in 1967 at Sonoma State University. Each year, the group considers hundreds of news stories submitted by readers, evaluating their merits. Students search Lexis Nexis and other databases to see if the stories were underreported, and if so, the stories are fact-checked by professors and experts in relevant fields.

A panel of academics and journalists chooses the Top 25 stories and rates their significance. The project maintains a vast online database of underreported news stories that it has “validated” and publishes them in an annual book. Censored 2013: Dispatches from the Media Revolution will be released Oct. 30.

For the second year in row, Project Censored has grouped the Top 25 list into topical “clusters.” This year, categories include “Human cost of war and violence” and “Environment and health.” Project Censored director Mickey Huff told us the idea was to show how various undercovered stories fit together into an alternative narrative, not to say that one story was more censored than another.

“The problem when we had just the list was that it did imply a ranking,” Huff said. “It takes away from how there tends to be a pattern to the types of stories they don’t cover or underreport.”

In May, while Project Censored was working on the list, another 2012 list was issued: the Fortune 500 list of the biggest corporations, whose influence peppers the Project Censored list in a variety of ways.

Consider this year’s top Fortune 500 company: ExxonMobil. The oil company pollutes everywhere it goes, yet most stories about its environmental devastation go underreported. Weapons manufacturers Lockheed Martin (58 on the Fortune list), General Dynamics (92), and Raytheon (117) are tied into stories about US prisoners in slavery conditions manufacturing parts for their weapons and the underreported war crimes in Afghanistan and Libya.

These powerful corporations work together more than most people think. In the chapter exploring the “Global 1 percent,” writers Peter Phillips and Kimberly Soeiro explain how a small number of well-connected people control the majority of the world’s wealth. In it, they use Censored story number 6, “Small network of corporations run the global economy,” to describe how a network of transnational corporations are deeply interconnected, with 147 of them controlling 40 percent of the global economy’s total wealth.

For example, Philips and Soeiro write that in one such company, BlackRock Inc., “The eighteen members of the board of directors are connected to a significant part of the world’s core financial assets. Their decisions can change empires, destroy currencies, and impoverish millions.”

Another cluster of stories, “Women and Gender, Race and Ethnicity,” notes a pattern of underreporting stories that affect a range of marginalized groups. This broad category includes only three articles, and none are listed in the top 10. The stories reveal mistreatment of Palestinian women in Israeli prisons, including being denied medical care and shackled during childbirth, and the rape and sexual assault of women soldiers in the US military. The third story in the category concerns an Alabama anti-immigration bill, HB56, that caused immigrants to flee Alabama in such numbers that farmers felt a dire need to “help farms fill the gap and find sufficient labor.” So the Alabama Department of Agriculture and Industries approached the state’s Department of Corrections about making a deal where prisoners would replace the fleeing farm workers.

But with revolutionary unrest around the world, and the rise of a mass movement that connects disparate issues together into a simple, powerful class analysis — the 99 percent versus the 1 percent paradigm popularized by Occupy Wall Street — this year’s Project Censored offers an element of hope.

It’s not easy to succeed at projects that resist corporate dominance, and when it does happen, the corporate media is sometimes reluctant to cover it. Number seven on the Top 25 list is the story of how the United Nations designated 2012 the International Year of the Cooperative, recognizing the rapid growth of co-op businesses, organizations that are part-owned by all members and whose revenue is shared equitably among members. One billion people worldwide now work in co-ops.

The Year of the Cooperative is not the only good-news story discussed by Project Censored this year. In Chapter 4, Yes! Magazine‘s Sarah Van Gelder lists “12 ways the Occupy movement and other major trends have offered a foundation for a transformative future.” They include a renewed sense of “political self-respect” and fervor to organize in the United States, debunking of economic myths such as the “American dream,” and the blossoming of economic alternatives such as community land trusts, time banking, and micro-energy installations.

They also include results achieved from pressure on government, like the delay of the Keystone Pipeline project, widespread efforts to override the US Supreme Court’s Citizens United ruling, the removal of dams in Washington state after decades of campaigning by Native American and environmental activists, and the enactment of single-payer healthcare in Vermont.

As Dr. Nafeez Mosaddeq Ahmed writes in the book’s foreword, “The majority of people now hold views about Western governments and the nature of power that would have made them social pariahs 10 or 20 years ago.”

Citing polls from the corporate media, Ahmed writes: “The majority are now skeptical of the Iraq War; the majority want an end to US military involvement in Afghanistan; the majority resent the banks and financial sector, and blame them for the financial crisis; most people are now aware of environmental issues, more than ever before, and despite denialist confusion promulgated by fossil fuel industries, the majority in the United States and Britain are deeply concerned about global warming; most people are wary of conventional party politics and disillusioned with the mainstream parliamentary system.”

“In other words,” he writes, “there has been a massive popular shift in public opinion toward a progressive critique of the current political economic system.”

And ultimately, it’s the public — not the president and not the corporations—that will determine the future. There may be hope after all. Here’s Project Censored’s Top 10 list for 2013:

 

1. SIGNS OF AN EMERGING POLICE STATE

President George W. Bush is remembered largely for his role in curbing civil liberties in the name of his “war on terror.” But it’s President Obama who signed the 2012 NDAA, including its clause allowing for indefinite detention without trial for terrorism suspects. Obama promised that “my Administration will interpret them to avoid the constitutional conflict” — leaving us adrift if and when the next administration chooses to interpret them otherwise. Another law of concern is the National Defense Resources Preparedness Executive Order that Obama issued in March 2012. That order authorizes the President, “in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements.” The president is to be advised on this course of action by “the National Security Council and Homeland Security Council, in conjunction with the National Economic Council.” Journalist Chris Hedges, along with co-plaintiffs including Noam Chomsky and Daniel Ellsberg, won a case challenging the NDAA’s indefinite detention clause on Sept. 1, when a federal judge blocked its enforcement, but her ruling was overturned on Oct. 3, so the clause is back.

 

2. OCEANS IN PERIL

Big banks aren’t the only entities that our country has deemed “too big to fail.” But our oceans won’t be getting a bailout anytime soon, and their collapse could compromise life itself. In a haunting article highlighted by Project Censored, Mother Jones reporter Julia Whitty paints a tenuous seascape — overfished, acidified, warming — and describes how the destruction of the ocean’s complex ecosystems jeopardizes the entire planet, not just the 70 percent that is water. Whitty compares ocean acidification, caused by global warming, to acidification that was one of the causes of the “Great Dying,” a mass extinction 252 million years ago. Life on earth took 30 million years to recover. In a more hopeful story, a study of 14 protected and 18 non-protected ecosystems in the Mediterranean Sea showed dangerous levels of biomass depletion. But it also showed that the marine reserves were well-enforced, with five to 10 times larger fish populations than in unprotected areas. This encourages establishment and maintenance of more reserves.

 

3. US DEATHS FROM FUKUSHIMA

A plume of toxic fallout floated to the US after Japan’s tragic Fukushima nuclear disaster on March 11, 2011. The US Environmental Protection Agency found radiation levels in air, water, and milk that were hundreds of times higher than normal across the United States. One month later, the EPA announced that radiation levels had declined, and they would cease testing. But after making a Freedom of Information Act request, journalist Lucas Hixson published emails revealing that on March 24, 2011, the task of collecting nuclear data had been handed off from the US Nuclear Regulatory Commission to the Nuclear Energy Institute, a nuclear industry lobbying group. And in one study that got little attention, scientists Joseph Mangano and Janette Sherman found that in the period following the Fukushima meltdowns, 14,000 more deaths than average were reported in the US, mostly among infants. Later, Mangano and Sherman updated the number to 22,000.

 

4. FBI AGENTS RESPONSIBLE FOR TERRORIST PLOTS

We know that FBI agents go into communities such as mosques, both undercover and in the guise of building relationships, quietly gathering information about individuals. This is part of an approach to finding what the FBI now considers the most likely kind of terrorists, “lone wolves.” Its strategy: “seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity,” writes Mother Jones journalist Trevor Aaronson. The publication, along with the Investigative Reporting Program at the University of California-Berkeley, examined the results of this strategy, 508 cases classified as terrorism-related that have come before the US Department of Justice since the 9/11 terrorist attacks of 2001. In 243 of these cases, an informant was involved; in 49 cases, an informant actually led the plot. And “with three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.”

 

5. FEDERAL RESERVE LOANED TRILLIONS TO MAJOR BANKS

The Federal Reserve, the US’s quasi-private central bank, was audited for the first time in its history this year. The audit report states, “From late 2007 through mid-2010, Reserve Banks provided more than a trillion dollars… in emergency loans to the financial sector to address strains in credit markets and to avert failures of individual institutions believed to be a threat to the stability of the financial system.” These loans had significantly less interest and fewer conditions than the high-profile TARP bailouts, and were rife with conflicts of internet. Some examples: the CEO of JP Morgan Chase served as a board member of the New York Federal Reserve at the same time that his bank received more than $390 billion in financial assistance from the Fed. William Dudley, who is now the New York Federal Reserve president, was granted a conflict of interest waiver to let him keep investments in AIG and General Electric at the same time the companies were given bailout funds. The audit was restricted to Federal Reserve lending during the financial crisis. On July 25, 2012, a bill to audit the Fed again, with fewer limitations, authored by Rep. Ron Paul, passed the House of Representatives. HR459 expected to die in the Senate, but the movement behind Paul and his calls to hold the Fed accountable, or abolish it altogether, seem to be growing.

 

6. SMALL NETWORK OF CORPORATIONS RUN THE GLOBAL ECONOMY

Reporting on a study by researchers from the Swiss Federal Institute in Zurich didn’t make the rounds nearly enough, according to Censored 2013. They found that, of 43,060 transnational companies, 147 control 40 percent of total global wealth. The researchers also built a model visually demonstrating how the connections between companies — what it calls the “super entity” — works. Some have criticized the study, saying control of assets doesn’t equate to ownership. True, but as we clearly saw in the 2008 financial collapse, corporations are capable of mismanaging assets in their control to the detriment of their actual owners. And a largely unregulated super entity like this is vulnerable to global collapse.

 

7. THE INTERNATIONAL YEAR OF COOPERATIVE

Can something really be censored when it’s straight from the United Nations? According to Project Censored evaluators, the corporate media underreported the UN declaring 2012 to be the International Year of the Cooperative, based on the coop business model’s stunning growth. The UN found that, in 2012, one billion people worldwide are coop member-owners, or one in five adults over the age of 15. The largest is Spain’s Mondragon Corporation, with more than 80,000 member-owners. The UN predicts that by 2025, worker-owned coops will be the world’s fastest growing business model. Worker-owned cooperatives provide for equitable distribution of wealth, genuine connection to the workplace, and, just maybe, a brighter future for our planet.

 

8. NATO WAR CRIMES IN LIBYA

In January 2012, the BBC “revealed” how British Special Forces agents joined and “blended in” with rebels in Libya to help topple dictator Muammar Gadaffi, a story that alternative media sources had reported a year earlier. NATO admits to bombing a pipe factory in the Libyan city of Brega that was key to the water supply system that brought tap water to 70 percent of Libyans, saying that Gadaffi was storing weapons in the factory. In Censored 2013, writer James F. Tracy makes the point that historical relations between the US and Libya were left out of mainstream news coverage of the NATO campaign; “background knowledge and historical context confirming Al-Qaeda and Western involvement in the destabilization of the Gadaffi regime are also essential for making sense of corporate news narratives depicting the Libyan operation as a popular ‘uprising.'”

 

9. PRISON SLAVERY IN THE US

On its website, the UNICOR manufacturing corporation proudly proclaims that its products are “made in America.” That’s true, but they’re made in places in the US where labor laws don’t apply, with workers often paid just 23 cents an hour to be exposed to toxic materials with no legal recourse. These places are US prisons. Slavery conditions in prisons aren’t exactly news. It’s literally written into the Constitution; the 13th Amendment, which abolished slavery, outlaws  slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted.” But the article highlighted by Project Censored this year reveal the current state of prison slavery industries, and its ties to war. The majority of products manufactured by inmates are contracted to the Department of Defense. Inmates make complex parts for missile systems, battleship anti-aircraft guns, and landmine sweepers, as well as night-vision goggles, body army, and camouflage uniforms. Of course, this is happening in the context of record high imprisonment in the US, where grossly disproportionate numbers of African Americans and Latinos are imprisoned, and can’t vote even after they’re freed. As psychologist Elliot D. Cohen puts it in this year’s book: “This system of slavery, like that which existed in this country before the Civil War, is also racist, as more than 60 percent of US prisoners are people of color.”

 

10. HR 347 CRIMINALIZES PROTEST

HR 347, sometimes called the “criminalizing protest” or “anti-Occupy” bill, made some headlines. But concerned lawyers and other citizens worry that it could have disastrous effects for the First Amendment right to protest. Officially called the Federal Restricted Grounds Improvement Act, the law makes it a felony to “knowingly” enter a zone restricted under the law, or engage in “disorderly or disruptive” conduct in or near the zones. The restricted zones include anywhere the Secret Service may be — places such as the White House, areas hosting events deemed “National Special Security Events,” or anywhere visited by the president, vice president, and their immediate families; former presidents, vice presidents, and certain family members; certain foreign dignitaries; major presidential and vice presidential candidates (within 120 days of an election); and other individuals as designated by a presidential executive order. These people could be anywhere, and NSSEs have notoriously included the Democratic and Republican National Conventions, Super Bowls, and the Academy Awards. So far, it seems the only time HR 347 has kicked in is with George Clooney’s high-profile arrest outside the Sudanese embassy. Clooney ultimately was not detained without trial — information that would be almost impossible to censor — but what about the rest of us who exist outside of the mainstream media’s spotlight? A book release party will be held at Moe’s Books, 2476 Telegraph, in Berkeley, on Nov. 3. You can listen to Huff’s radio show Friday morning at 8pm on KPFA.

Former girlfriend defends Mirkarimi

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By Evelyn Nieves

For months, I’ve watched as Ross Mirkarimi has been slandered as a “wife beater”—by the mayor of San Francisco, no less—and vilified in the press based on lies, half-truths and innuendo.  It has been heart-breaking, nauseating, to witness.

I know for a fact that Ross is no abuser. He and I were a couple for eight years. For most of that time, we lived together. Not once did Ross even come close to making me feel unsafe in his presence. He never threatened me. He would walk away or cry “uncle” rather than argue. He simply had no stomach for it.

When the news broke last January that Ross, newly elected as San Francisco’s Sheriff but not yet sworn in, might be arrested on domestic violence charges, I was sure the accusation wouldn’t stick. Not once people knew the facts.

I was naïve.

By now, everyone knows that Ross and his wife, Eliana Lopez, got in an argument in their car on New Year’s Eve. She wanted to take their toddler to her native Venezuela, and Ross, bereft the last time a one-month trip to Venezuela stretched into several, balked. Eliana moved to exit the car and Ross held her, a second too long, causing a bruise. Eliana called a friend and made a videotape of the bruise the next day in case she and Ross ended up in a custody battle. Four days later, without Ross’s wife knowing, the friend called police.

The hell that broke loose is worthy of an Errol Morris documentary. The San Francisco District Attorney, a political opponent, sent four investigators to interview all of Ross’s neighbors. That never happens in a misdemeanor case–it costs too much time and money. Anti-domestic violence advocates began calling for Ross’s head even before he was charged.

We all want to stop abusers in their tracks. But let’s make sure we are properly identifying the abuser.

Early on, in January, the Bay Citizen interviewed me. I expected the other local newspapers to contact me or pick up my quotes, which essentially said that Ross never, ever came close to abusing me. But no reporter from the local dailies that were splashing all kinds of hearsay on their front pages ever contacted me. This even after I contacted them to try to correct falsehoods being reported as fact.

I was fully prepared to testify had Ross’s case gone to trial. I knew facts that would contradict lies made to condemn him.  I still wish the case had gone to trial. But at the time that Ross pled guilty to “false imprisonment”–for turning his car around to go home when the argument threatened to spill out into a restaurant he and his wife planned to enter–his lawyer told me she believed that Ross could not get a fair trial. The last straw was when the judge refused a change of venue.

So Ross pleaded guilty so he could have his wife and son back, end the hysteria and try to go and do his job.

Instead, the mayor used Ross’s guilty plea as an excuse to suspend him without pay—without any due process—starting several more months’ of investigation, interrogation and character assassination at Ethics Commission hearings. And for what? In the end, the five-member Ethics Commission, three of whom are appointed by the Mayor, found Ross guilty of only one charge: grabbing his wife’s arm. One member wondered what the people would say if they decided not to uphold the Mayor’s rash suspension and declaration of “official misconduct.” Well, in the few times that I’ve met with Ross in the last few months, he was stopped everywhere by people of every demographic group. Old, young, progressive, moderate, and of every ethnicity. All wanted to express their support and their contempt for what has happened to him. All blamed politics.

I had not seen Ross much in the years since we parted. I moved to another side of the city, moved in different circles. But, in essence, he has not changed much.

The last time I saw him before this case exploded was before Christmas. On a Saturday morning, Ross was in his District Five supervisor uniform—gray suit, white shirt, wingtips. He had already gone to one neighborhood meeting and was on his way to another, even though his official duties as supervisor were over and he was supposed to be on vacation. I kidded him about this, and he shrugged and said, “Well, you know me.”

I do.  And so I’ll say with confidence that Ross does not deserve what he has endured. He deserves vindication, and the chance to do the job he was elected to do.

Evelyn Nieves is a longtime journalist and former New York Times bureau chief.

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

We don’t feel “tepid” about either Nevius or Davis

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When we make our endorsements here at the Guardian, we try to be honest with our readers about each candidates’ strengths and weaknesses, allowing you to understand our thinking and to feel free to choose a different candidate if you disagree with our conclusions. After doing dozens of hours of endorsement interviews and research each election, we share as much as we can about what we know, warts and all.

Most San Franciscans understand this, knowing that we have a reputation for often giving even the candidates we endorse a black eye in the process (after all, we’re journalists, not partisans or campaign boosters), but apparently this decades-long practice is news to Chronicle columnist C.W. Nevius. He just wrote a blog post noting our “tepid” top endorsement of Julian Davis for District 5 supervisor.

As usual, this sports-turned-city columnist doesn’t know what he’s talking about – adding this to a whole heap of things that Nevius doesn’t understand but writes about anyway. Perhaps that’s to be expected from a political columnist who describes himself this way on his blog: “Movies, media, sports – and as little politics as possible. Light reading for those who follow the entertaining parts of life, but don’t take them too seriously.”

Well, we at the Guardian do take our politics rather seriously. And as we wrote in our editorial, we care a great deal about who represents the city’s most progressive district: “We hold this truth to be self-evident: District 5 is the heart of progressive San Francisco, the most left-leaning district in the city. The supervisor who represents the Haight, Western Addition, and Inner Sunset has to be a reliable part of the progressive community, someone who can be counted on to vote the right way pretty much 100 percent of the time. That’s what we’ve had since the return of district elections in 2000. ”

Nevius finds fault with our values, quipping, “so much for independent thinking.” Again, he doesn’t seem to understand the nature of representative democracy, particularly in our system of district elections. Voters cast their ballots for the people they think share their values and worldview, and who have the integrity to represent that perspective in the face of economic and political pressure. The “independent thinking” that Nevius values is necessarily unpredictable, unaccountable, and prone to pressure from powerful interests, something we’ve seen too much of in the last two years.

It was important to us that District 5 be represented by someone shares its values, which also happen to be the Guardian’s values, and not the reactionary approach of people like Nevius. We never doubted that Davis shares our values and has the willingness and ability to fight for them.

That isn’t a sign of being tepid, we were simply being honest, just as we were when we wrote that Davis has the “strongest progressive credentials” of any candidate in the race, and our belief that he has “tremendous political potential.” The Guardian and our endorsements can be called many things, but I really don’t think “tepid” is on that list.

Endorsements 2012: San Francisco propositions

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PROPOSITION A

CITY COLLEGE PARCEL TAX

YES

The scathing accreditation report by the Western Association of Schools talks about governance problems at the San Francisco Community College District — a legitimate matter of concern. But most of what threatens the future of City College is a lack of money.

Check out the accreditation letter; it’s on the City College website. Much of what it says is that the school is trying to do too much with limited resources. There aren’t enough administrators; that’s because, facing 20 percent cuts to its operating budget, the college board decided to save front-line teaching jobs. Student support services are lacking; that’s because the district can barely afford to keep enough classes going to meet the needs of some 90,000 students. On the bigger picture, WASC and the state want City College to close campuses and concentrate on a core mission of offering two-year degrees and preparing students to transfer to four-year institutions. That’s because the state has refused to fund education at an adequate level, and there’s not enough money to both function as a traditional junior college and serve as the training center for San Francisco’s tech, hospitality and health-care industry, provide English as a second language classes to immigrants and offer new job skills and rehabilitation to the workforce of the future.

It’s fair to say that WASC would have found some problems at City College no matter what the financial situation (and we’ve found more — the nepotism and corruption under past boards has been atrocious). But the only way out of this mess is either to radically scale back the school’s mission — or to increase its resources. We support the latter alternative.

Prop. A is a modest parcel tax — $79 dollars a year on each property lot in the city. Parcel taxes are inherently unfair — a small house in Hunters Point pays as much as a mansion in Pacific Heights or a $500 million downtown office building. But that’s the result of Prop. 13, which leaves the city very few ways to raise taxes on real property. In the hierarchy of progressive tax options, parcel taxes are better than sales taxes. And the vast majority of San Francisco homeowners and commercial property owners get a huge benefit from Prop. 13; a $6 a month additional levy is hardly a killer.

The $16 million this tax would raise annually for the district isn’t enough to make up for the $25 million a year in state budget cuts. But at least the district would be able to make reasonable decisions about preserving most of its mission. This is one of the most important measures on the ballot; vote yes.

PROPOSITION B

PARKS BOND

YES

There are two questions facing the voters: Does the San Francisco Recreation and Parks Department need money to fix up badly decrepit, sometimes unsafe facilities, and build out new park areas, particularly in underserved neighborhoods? Has the current administration of the department so badly mismanaged Rec-Park, so radically undermined the basic concept of public access to public space, so utterly alienated neighborhoods and communities all over the city, that it shouldn’t be trusted with another penny?

And if your answer to both is yes, how the hell do you vote on Prop. B?

It’s a tough one for us. The Guardian has never, in 46 years, opposed a general obligation bond for anything except jail or prisons. Investing in public infrastructure is a good thing; if anything, the cautious folks at City Hall, who refuse to put new bonds on the ballot until old ones are paid off, are too cautious about it. Spending public money (paid by increased property taxes in a city where at least 90 percent of real estate is way under taxed thanks to Prop. 13) creates jobs. It’s an economic stimulus. It adds to the value of the city’s resources. In this case, it fixes up parks. All of that is good; it’s hard to find a credible case against it.

Except that for the past few years, under the administrations of Mayors Gavin Newsom and Ed Lee and the trusteeship of Rec-Park Directors Jared Blumenfeld and Phil Ginsburg, the city has gone 100 percent the wrong way. Parks are supposed to be public resources, open to all; instead, the department has begun charging fees for what used to be free, has been turning public facilities over to private interests (at times kicking the public out), and has generally looked at the commons as a source of revenue. It’s a horrible precedent. It makes us sick.

Ginsburg told us that he’s had no choice — deep budget cuts have forced him to look for money wherever he can find it, even if that means privatizing the parks. But Ginsburg also admitted to us that, even as chief of staff under Newsom, he never once came forward to push for higher taxes on the wealthy, never once suggested that progressive revenue sources might be an option. Nor did any of the hacks on the Rec-Park Commission. Instead, they’ve been busy spending tens of thousands of dollars on an insane legal battle to evict the Haight Ashbury Neighborhood Council’s recycling center — entirely because rich people in the Haight don’t want poor people coming through their elite neighborhood to cash in bottles and cans for a little money.

So now we’re supposed to cough up another $195 million to enable more of this?

Well, yes. We’re not happy to be endorsing Prop. B, but the bottom line is simple: The bond money will go for things that need to be done. There are, quite literally, parks in the city where kids are playing in unsafe and toxic conditions. There are rec centers that are pretty close to falling apart. Those improvements will last 50 years, well beyond the tenure of this mayor of Rec-Park director. For the long-term future of the park system, Prop. B makes sense.

If the measure fails, it may send Lee and Ginsburg a message. The fact that so many neighborhood leaders are opposing it has already been a signal — one that so far Ginsburg has ignored. We’re going Yes on B, with all due reservations. But this commission has to go, and the sooner the supervisors can craft a charter amendment to give the board a majority of the appointments to the panel the better.+

PROPOSITION C

AFFORDABLE HOUSING TRUST FUND

YES

This measure is about who gets to live in San Francisco and what kind of city this will be in 20 years. If we leave it up to market forces and the desires of developers, about 85 percent of the housing built in San Francisco will be affordable only by the rich, meaning the working class will be forced to live outside the city, clogging regional roadways and transit systems and draining San Francisco of its cultural diversity and vibrancy. And that process has been accelerated in recent years by the latest tech bubble, which city leaders have decided to subsidize with tax breaks, causing rents and home prices to skyrocket.

Mayor Ed Lee deserves credit for proposing this Housing Trust Fund to help offset some of that impact, even if it falls way short of the need identified in the city’s Housing Element, which calls for 60 percent of new housing construction to be affordable to prevent gentrification. We’re also not thrilled that Prop. C actually reduces the percentage of housing that developers must offer below market rates and prevents that 12 percent level from later being increased, that it devotes too much money to home ownership assistance at the expense of the renters who comprise the vast majority of city residents, and that it depends on the passage of Prop.E and would take $15 million from the increased business taxes from that measure, rather than restoring years of cuts to General Fund programs.

But Prop. C was a hard-won compromise, with the affordable housing folks at the table, and they got most of what they wanted. (Even the 12 percent has a long list of exceptions and thus won’t apply to a lot of new market-rate housing.) And it has more chance of actually passing than previous efforts that were opposed by the business community and Mayor’s Office. This measure would commit the city to spending $1.5 billion on affordable housing projects over the next 30 years, with an initial $20 million annual contribution steadily growing to more than $50 million annually by 2024, authorizing and funding the construction of 30,000 new rental units throughout the city. With the loss of redevelopment funds that were devoted to affordable housing, San Francisco is a city at risk, and passage of Prop. C is vital to ensuring that we all have a chance of remaining here. Vote yes.

PROPOSITION D

CONSOLIDATING ODD-YEAR LOCAL ELECTIONS

YES

There’s a lot of odd stuff in the San Francisco City Charter, and one of the twists is that two offices — the city attorney and the treasurer — are elected in an off-year when there’s nothing else on the ballot. There’s a quaint kind of charm to that, and some limited value — the city attorney is one of the most powerful officials in local government, and that race could get lost in an election where the mayor, sheriff, and district attorney are all on the ballot.

But seriously: The off-year elections have lower turnout, and cost the city money, and it’s pretty ridiculous that San Francisco still does it this way. The entire Board of Supervisors supports Prop. D. So do we. Vote yes.

PROPOSITION E

GROSS RECEIPTS TAX

YES

Over the past five years, Board of Supervisors President David Chiu estimates, San Francisco has cut about $1.5 billion from General Fund programs. It’s been bloody, nasty, awful. The budget reductions have thrown severely ill psych patients out of General Hospital and onto the streets. They’ve forced the Recreation and Parks Department to charge money for the use of public space. They’ve undermined everything from community policing to Muni maintenance.

And now, as the economy starts to stabilize a bit, the mayor wants to change the way businesses are taxed — and bring an additional $28.5 million into city coffers.

That’s right — we’ve cut $1.5 billion, and we’re raising taxes by $28.5 million. That’s less than 2 percent. It’s insane, it’s inexcusable, it’s utterly the wrong way to run a city in 2012. It might as well be Mitt Romney making the decision — 98 percent cuts, 2 percent tax hikes.

Nevertheless, that’s where we are today — and it’s sad to say this is an improvement from where the tax discussion started. At first, Mayor Lee didn’t want any tax increase at all; progressive leaders had to struggle to convince him to allow even a pittance in additional revenue.

The basic issue on the table is how San Francisco taxes businesses. Until the late 1990s, the city had a relatively rational system — businesses paid about 1.5 percent of their payroll or gross receipts, whichever was higher. Then 52 big corporations, including PG&E, Chevron, Bechtel, and the Gap, sued, arguing that the gross receipts part of the program was unfair. The supervisors caved in to the legal threat and repeal that part of the tax system — costing the city about $30 million a year. Oh, but then tech companies — which have high payrolls but often, at least at first, low gross receipts — didn’t want the payroll tax. The same players who opposed the other tax now called for its return, arguing that taxing payroll hurts job growth (which is untrue and unfounded, but this kind of dogma doesn’t get challenged in the press). So, after much discussion and debate, and legitimate community input, the supervisors unanimously approved Prop. E — which raises a little more money, but not even as much as the corporate lawsuit in the 1990s set the city back. It’s not a bad tax, better than the one we have now — it brings thousands of companies the previously paid no tax at all into the mix (sadly, some of them small businesses). It’s somewhat progressive — companies with higher receipts pay a higher rate. We can’t argue against it — the city will be better off under Prop. E than it is today. But we have to look around our battered, broke-ass city, shake our poor bewildered heads and say: Is this really the best San Francisco can do? Sure, vote yes on E. And ask yourself why one of the most liberal cities in America still lets Republican economic theory drive its tax policy.

PROPOSITION F

WATER AND ENVIRONMENT PLAN

NO, NO, NO

Reasonable people can disagree about whether San Francisco should have ever dammed the Tuolumne River in 1923, flooding the Hetch Hetchy Valley and creating an engineering marvel that has provided the city with a reliable source of renewable electricity and some of the best urban drinking water in the world ever since. The project broke the heart of famed naturalist John Muir and has caused generations since then to pine for the restoration of a valley that Muir saw as a twin to his beloved nearby Yosemite Valley.

But at a time when this country can’t find the resources to seriously address global warming (which will likely dry up the Sierra Nevada watershed at some point in the future), our deteriorating infrastructure, and myriad other pressing problems, it seems insane to even consider spending billions of dollars to drain this reservoir, restore the valley, and find replacement sources of clean water and power.

You can’t argue with the basic facts: There is no way San Francisco could replace all the water that comes in from Hetch Hetchy without relying on the already-fragile Delta. The dam also provides 1.7 billion kilowatt hours a year of electric power, enough to meet the needs of more than 400,000 homes. That power now runs everything from the lights at City Hall to Muni, at a cost of near zero. The city would lose 42 percent of its energy generation if the dam went away.

Besides, the dam was, and is, the lynchpin of what’s supposed to be a municipal power system in the city. As San Francisco, with Clean Power SF, moves ever close to public power, it’s insane to take away this critical element of any future system.

On its face, the measure merely requires the city to do an $8 million study of the proposal and then hold a binding vote in 2016 that would commit the city to a project estimated by the Controller’s Office to cost somewhere between $3 billion and $10 billion. Yet to even entertain that possibility would be a huge waste of time and money.

Prop. F is being pushed by a combination of wishful (although largely well-meaning) sentimentalists and disingenuous conservatives like Dan Lungren who simply want to fuck with San Francisco, but it’s being opposed by just about every public official in the city. Vote this down and let’s focus our attention on dealing with real environmental and social problems.

PROPOSITION G

CORPORATE PERSONHOOD

YES

If San Francisco voters pass Prop. G, it won’t put any law into effect. It’s simply a policy statement that sends a message: Corporations are not people, and it’s time for the federal government to tackle the overwhelming and deeply troubling control that wealthy corporations have over American politics.

Prop. G declares that money is not speech and that limits on political spending improve democratic processes. It urges a reversal of the notorious Citizens United vs. Federal Elections Commission Supreme Court decision.

A constitutional amendment, and any legal messing with free speech, has serious potential problems. If corporations are limited from spending money on politics, could the same apply to unions or nonprofits? Could such an amendment be used to stop a community organization from spending money to print flyers with political opinions?

But it’s a discussion that the nation needs to have, and Prop. G is a modest start. Vote yes.

Endorsements 2012: State and national races

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National races

PRESIDENT

BARACK OBAMA

You couldn’t drive down Valencia Street on the evening of Nov. 4, 2008. You couldn’t get through the intersection of 18th and Castro, either. All over the east side of the city, people celebrating the election of Barack Obama and the end of the Bush era launched improptu parties, dancing and singing in the streets, while the cops stood by, smiling. It was the only presidential election in modern history that create such an upwelling of joy on the American left — and while we were a bit more jaded and cautious about celebrating, it was hard not to feel a sense of hope.

That all started to change about a month after the inauguration, when word got out that the big insurance companies were invited to be at the table, discussing health-care reform — and the progressive consumer advocates were not. From that point on, it was clear that the “change” he promised wasn’t going to be a fundamental shift in how power works in Washington.

Obama didn’t even consider a single-payer option. He hasn’t shut down Guantanamo Bay. He hasn’t cut the Pentagon budget. He hasn’t pulled the US out of the unwinnable mess in Afghanistan. He’s been a huge disappointment on progressive tax and economic issues. It wasn’t until late this summer, when he realized he was facing a major enthusiasm gap, that he even agreed to endorse same-sex marriage.

But it’s easy to trash an incumbent president, particularly one who foolishly thought he could get bipartisan support for reforms and instead wound up with a hostile Republican Congress. The truth is, Obama has accomplished a fair amount, given the obstacles he faced. He got a health-care reform bill, weak and imperfect as it was, passed into law, something Democrats have tried and failed at since the era of FDR. The stimulus, weak and limited as it was, clearly prevented the recession from becoming another great depression. His two Supreme Court appointments have been excellent.

And the guy he’s running against is a disaster on the scale of G.W. Bush.

Mitt Romney can’t even tell the truth about himself. He’s proven to be such a creature of the far-right wing of the Republican Party that it’s an embarrassment. A moderate Republican former governor of Massachusetts could have made a credible run for the White House — but Romney has essentially disavowed everything decent that he did in his last elective office, has said one dumb thing after another, and would be on track to be one of the worse presidents in history.

We get it: Obama let us down. But there’s a real choice here, and it’s an easy one. We’ll happily give a shout out to Jill Stein, the candidate of the Green Party, who is talking the way the Democrats ought to be talking, about a Green New Deal that recognizes that the richest nation in the history of the world can and should be doing radically better on employment, health care, the environment, and economic justice. And since Obama’s going to win California by a sizable majority anyway, a protest vote for Stein probably won’t do any harm.

But the next four years will be a critical time for the nation, and Obama is at least pushing in the direction of reality, sanity and hope. We endorsed him with enthusiasm four year ago; we’re endorsing him with clear-eyed reality in 2012.

UNITED STATES SENATE

DIANNE FEINSTEIN

Ugh. Not a pleasant choice here. Elizabeth Emken is pretty much your standard right-wing-nut Republican out of Danville, a fan of reducing government, cutting regulations, and repealing Obamacare. Feinstein, who’s already served four terms, is a conservative Democrat who loves developers, big business, and the death penalty, is hawkish on defense, and has used her clout locally to push for all the wrong candidates and all the wrong things. She can’t even keep her word: After Willie Brown complained that London Breed was saying mean things about him, Feinstein pulled her endorsement of Breed for District 5 supervisor.

It’s astonishing that, in a year when the state Democratic Party is aligned behind Proposition 34, which would replace the death penalty with life without parole, Feinstein can’t find it in herself to back away from her decades-long support of capital punishment. She’s not much better on medical marijuana. And she famously complained when then-mayor Gavin Newsom pushed same-sex marriage to the forefront, saying America wasn’t ready to give LGBT couples the same rights as straight people.

But as chair of the Senate Intelligence Committee, Feinstein was pretty good about investigating CIA torture and continues to call for the closure of Guantanamo Bay. She’s always been rock solid on abortion rights and at least decent, if not strong, on environmental issues.

It’s important for the Democrats to retain the Senate, and Feinstein might as well be unopposed. She turns 80 next year, so it’s likely this will be her last term.

HOUSE OF REPRESENTATIVES, DISTRICT 8

NANCY PELOSI

The real question on the minds of everyone in local politics is what will happen if the Democrats don’t retake the House and Pelosi has to face two more years in the minority. Will she serve out her term? Will her Democratic colleagues decide they want new leadership? The inside scuttle is that Pelosi has no intention of stepping down, but a long list of local politicians is looking at the once-in-a-lifetime chance to run for a Congressional seat, and it’s going to happen relatively soon; Pelosi is 72.

We’ve never been happy with Rep. Pelosi, who used the money and clout of the old Burton machine to come out of nowhere to beat progressive gay supervisor Harry Britt for the seat in 1986. Her signature local achievement is the bill that created the first privatized national park in the nation’s history (the Presidio), which now is home to a giant office complex built by filmmaker George Lucas with the benefit of a $60 million tax break. She long ago stopped representing San Francisco, making her move toward Congressional leadership by moving firmly to the center.

But as speaker of the House, she was a strong ally for President Obama and helped move the health-care bill forward. It’s critical to the success of the Obama administration that the Democrats retake the house and Pelosi resumes the role of speaker.

HOUSE OF REPRESENTATIVES, DISTRICT 9

BARBARA LEE

Barbara Lee represents Berkeley and Oakland in a way Nancy Pelosi doesn’t represent San Francisco. She’s been a strong, sometimes lonely voice against the wars in Iraq and Afghanistan and a leader in the House Progressive Caucus. While Democrats up to and including the president talk about tax cuts for businesses, Lee has been pushing a fair minimum wage, higher taxes on the wealthy, and an end to subsidies for the oil industry. While Oakland Mayor Jean Quan was struggling with Occupy, and San Francisco Mayor Ed Lee was moving to evict the protesters, Barbara Lee was strongly voicing her support for the movement, standing with the activists, and talking about wealth inequality. We’re proud to endorse her for another term.

HOUSE OF REPRESENTATIVES, DISTRICT 12

JACKIE SPEIER

Speier’s an improvement on her predecessor, Tom Lantos, who was a hawk and terrible on Middle East policy. Speier’s a moderate, as you’d expect in this Peninsula seat, but she’s taken the lead on consumer privacy issues (as she did in the state Legislature) and will get re-elected easily. She’s an effective member of a Bay Area delegation that helps keep the House sane, so we’ll endorse her for another term.

State candidates

ASSEMBLY DISTRICT 13

TOM AMMIANO

Tom Ammiano’s the perfect person to represent San Francisco values in Sacramento. He helped sparked and define this city’s progressive movement back in the 1970s as a gay teacher marching alongside with Harvey Milk. In 1999, his unprecedented write-in mayoral campaign woke progressives up from some bad years and ushered in a decade with a progressive majority on the Board of Supervisors that approved landmark legislation such as the universal healthcare program Ammiano created. In the Assembly, he worked to create a regulatory system for medical marijuana and chairs the powerful Public Safety Committee, where he has stopped the flow of mindless tough-on-crime measures that have overflowed our prisons and overburdened our budgets. This is Ammiano’s final term in the Legislature, but we hope it’s not the end of his role in local politics.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Phil Ting could be assessor of San Francisco, with a nice salary, for the rest of his life if that’s what he wanted to do. He’s done a good job in an office typically populated with make-no-waves political hacks — he went after the Catholic Church when that large institution tried to avoid paying taxes on property transfers. He’s been outspoken on foreclosures and commissioned, on his own initiative, a study showing that a large percentage of local foreclosures involved at least some degree of fraud or improper paperwork.

But Ting is prepared to take a big cut in pay and accept a term-limited future for the challenge of moving into a higher-profile political position. And he’s the right person to represent this westside district.

Ting’s not a radical leftist, but he is willing to talk about tax reform, particularly about the inequities of Prop. 13. He’s carrying the message to homeowners that they’re shouldering a larger part of the burden while commercial properties pay less. He wants to change some of the loopholes in how Prop. 13 is interpreted to help local government collect more money.

It would be nice to have a progressive-minded tax expert in the Legislature, and we’re glad Ting is the front-runner. He’s facing a serious, well-funded onslaught from Michael Breyer, the son of Supreme Court Justice Breyer, who has no political experience or credentials for office and is running a right-wing campaign emphasizing “old-style San Francisco values.”

Not pretty. Vote for Ting.

SENATE DISTRICT 11

MARK LENO

Mark Leno wasn’t always in the Guardian’s camp, and we don’t always agree with his election season endorsements, but he’s been a rock-solid representative in Sacramento and he has earned our respect and our endorsement.

It isn’t just how he votes, which we consistently agree with. Leno has been willing to take on the tough fights, the ones that need to be fought, and shown the tenacity to come out on top in the Legislature, even if he’s ahead of his time. Leno twice got the Legislature to legalize same-sex marriage, he has repeatedly gotten that body to legalize industrial hemp production, and he’s twice passed legislation that would give San Francisco voters the right to set a local vehicle license fees higher than the state’s and use that money for local programs (which the governor finally signed). He’s also been laying an important foundation for creating a single-payer healthcare system and he played an important role in the CleanPowerSF program that San Francisco will implement next year. Leno will easily be re-elected to another term in the Senate and we look forward to his next move (Leno for mayor, 2015?)

 

BART BOARD DISTRICT 9

 

TOM RADULOVICH

San Francisco has been well represented on the BART Board by Radulovich, a smart and forward-thinking urbanist who understands the important role transit plays in the Bay Area. Radulovich has played leadership roles in developing a plan that aims to double the percentage of cyclists using the system, improving the accessibility of many stations to those with limited mobility, pushing through an admittedly imperfect civilian oversight agency for the BART Police, hiring a new head administrator who is more responsive to community concerns, and maintaining the efficiency of an aging system with the highest ridership levels in its history. With a day job serving as executive director of the nonprofit Livable City, Radulovich helped create Sunday Streets and other initiatives that improve our public spaces and make San Francisco a more inviting place to be. And by continuing to provide a guiding vision for a BART system that continues to improve its connections to every corner of the Bay Area, his vision of urbanism is helping to permeate communities throughout the region

BART BOARD, DISTRICT 7

ZACHARY MALLETT

This sprawling district includes part of southeast San Francisco and extends all the way up the I-80 corridor to the Carquinez Bridge. The incumbent, San Franciscan Lynette Sweet, has been a major disappointment. She’s inaccessible, offers few new ideas, and was slow to recognize (much less deal with) the trigger-happy BART Police who until recently had no civilian oversight. Time for a change.

Three candidates are challenging Sweet, all of them from the East Bay (which makes a certain amount of sense — only 17 percent of the district’s population is in San Francisco). Our choice is Zachary Mallett, whose training in urban planning and understanding of the transit system makes up for his lack of political experience.

Mallett’s a graduate of Stanford and UC Berkelely (masters in urban planning with a transportation emphasis) who has taken the time to study what’s working and what isn’t working at BART. Some of his ideas sound a bit off at first — he wants, for example, to raise the cost of subsidized BART rides offered to Muni pass holders — but when you look a the numbers, and who is subsidizing who, it actually makes some sense. He talks intelligently about the roles that the various regional transit systems play and while he’s a bit more moderate than us, particularly on fiscal issues, he’s the best alternative to Sweet.

Supervisors advised against Mirkarimi recusals, essentially removing their gags

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It’s looking increasingly unlikely that any members of the Board of Supervisors will be recused from next week’s big vote on whether to sustain the official misconduct charges against suspended Sheriff Ross Mirkarimi, particularly given an advice letter written today by attorney Scott Emblidge, who is advising the board.

Mirkarimi and his attorneys were hoping some supervisors would admit discussing the case with Mayor Ed Lee or others – particularly Sup. Christina Olague, who is at the center of the controversy about whether Lee committed perjury when he denied, while testifying under oath, ever consulting with any supervisors about the case – and they were disappointed with Emblidge’s advice.

“Scott Emblidge parrots the language of the City Attorney in his recommendation against recusal,” Mirkarimi attorney David Waggoner told us, taking issue with the relationship Emblidge and his firm have with the city and the fact that he also served as legal counsel to the Ethics Commission, some of whose members were unaware of that dual role and expressed concern. “The board must appoint independent counsel.”

In his advice letter, Emblidge did take a similar position to that urged by the City Attorney’s Office, which argued that supervisors are assumed to be politicians who have some relationship with the person that they’re being asked to judge and that analogizing it to a jury in a criminal case isn’t accurate.

“That analogy is misguided. The Charter does not provide for resolution of official misconduct charges by a body unfamiliar with the parties or the facts of the dispute. Rather, it specifically entrusts that decision to the Board of Supervisors, a body composed of individuals who almost certainly would have had dealings with anyone charged with official misconduct,” Emblidge wrote in a letter requested by Board President David Chiu. “Rather than a jury trial, this proceeding is more like an administrative hearing involving employee discipline or other important rights.”

Emblidge said the legal standards indicate that a supervisor must have a financial interest in the decision or be so “personally embroiled” in the case that he/she would have already demonstrated a strong bias or animus against Mirkarimi. And even then, it would be up to a majority vote by the board to excuse a supervisor from the vote.

Such recusal votes are usually mere formalities once a supervisor claims a conflict-of-interest, as then-Sup. Gavin Newsom sometimes did on votes involving landlord-tenant relations. But given that it takes nine of the 11 votes to remove Mirkarimi – with each recusal effectively being a vote in his favor – claims of a conflict will be carefully scrutinized, which Emblidge thinks is appropriate.

“The bar should be high for recusal because of the three-fourths requirement,” Emblidge told the Guardian, making clear that was his personal rather than legal opinion.

The City Attorney’s Office strongly advised the supervisors earlier this year not to discuss the Mirkarimi case with anyone, and they have all heeded that advice and refused to discuss the case with reporters, adding to the drama surrounding a high-profile decision with huge potential long-term ramifications.

Unlike other big decisions, in which supervisors will publicly stake out positions before the vote, often making clear the political dynamics and swing votes, nobody really knows where any of the supervisors stand right now. It’s widely believed that progressive Sups. John Avalos and David Campos – both of whom have unexpectedly easy paths to reelection in November – are the most likely votes for Mirkarimi, with just one more vote needed to reinstate him.

Olague will be in a tough spot politically, torn between supporting the mayor who appointed her and a district that Mirkarimi once represented, where opposition to his removal seems strongest. Ditto with Sup. Jane Kim, a fellow former Green long allied with Mirkarimi, but also someone who backed Lee last year and has ambitions to be the next board president.

This is also a board filled with Ivy League lawyers, and it’s hard to say what aspect of this complex case will draw their focus. Will they side with those who say the decision is simply about showing zero tolerance for domestic violence, or will they share the concerns of Ethics Chair Benedict Hur, who calls this a potentially dangerous precedent that gives too much power to the mayor.

It’s even possible that someone from the board’s conservative bloc of Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu might object to this costly and distracting move by government to go after one individual, making this more about limited government and deferring to voters rather than the fate of an individual for whom they have no particular fondness.

Until now, it’s been difficult to read these tea leaves, but that might be about to change. Emblidge argues that the grounds for recusal are so narrow and restrictive that even if supervisors make public statements about their thoughts on the case, that wouldn’t present a conflict-of-interest that would prevent them from voting on it, particularly now that they’re actively reviewing the record.

So, are we about to start getting some hints from under the dome about how this is going to play out? We’re listening and we’ll let you know.

Workers celebrate launch of wage theft task force

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San Francisco’s wage theft task force, approved in June, had its first meeting today.

The wage theft task force formed to strengthen the city response to workers exploited by wage theft, which can include non-payment of the minimum wage or of hours worked, non-payment of overtime, illegal deductions from worker paychecks, or failure to pay a worker at all.

The group is made up of workers’ rights advocates and government leaders at labor law enforcement agencies, as well as workers and employers. They plan to meet monthly and to release a report in one year with recommendations to the Board of Supervisors for legislation to continue to combat wage theft.

They were also joined by Dolores Huerta at an announcement today celebrating the first meeting. Huerta co-founded the United Farm Workers with César Chávez and has led a life dedicated to ending exploitation of workers. Wage theft, she said, “is not something that only affects workers.”

It hurts employers, she said, by putting “honest employers at a disadvantage.” And “the government loses too,” in the form of dollars lost for social security, unemployment insurance, and other government services funded by taxes on wages paid to employees.

Many workers are reluctant to speak out when they are denied pay, fearing retaliation or losing their jobs.

“When you are living paycheck to paycheck, if you lose your job, your whole family is going to suffer,” said Huerta.

Despite these obstacles, workers have come forward for years to expose the widespread problem.

One such worker, Afredil Colindies, was present at today’s announcement. “I was working seven days a week with no breaks. Sometimes I would get paid, sometimes I would go through extended periods without getting paid,” said Colindies. “When the café where he worked went out of busines, he said, “I still had unpaid wages.”

“The reason we in City Hall finally realized how big a problem this is, is that they had the courage to come forward” said Sup. Campos who helped create the task force alongside Sup. Eric Mar.

“Although the governor has vetoed the domestic workers bill of rights, we are still moving forward for workers here in San Francisco” said Mar.

About 50 workers were in the room celebrating the launch of the task force, the result of years of work from groups like the Progressive Workers Alliance- a coalition of the Chinese Progressiave Association, Young Workers United, the Filipino Community Center and others. The room broke into an energetic chant of “si se puede,” the rallying cry of United Farm Workers, as the announcement ended.

“What starts in San Francisco goes through California, then all across the country” said Huerta.